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Montana Wildlife Federation v. Haaland
The Ninth Circuit affirmed in part and reversed in part two district court rulings in lawsuits concerning policies governing oil and gas lease sales conducted by BLM on protected sage-grouse habitat. Environmental groups filed suit in Idaho and Montana, challenging certain sales conducted under guid...
Sierra Club v. United States Department of Transportation
The D.C. Circuit vacated the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) 2020 rule authorizing the transportation of liquefied natural gas by rail in newly designed tank cars without a permit. Environmental groups, several states, and an Indian tribe petitioned for review, arg...
Leaking Methane: Natural Gas, Climate Change, and Uncertainty
Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions.
From RPS to Carbon: An Evolutionary Proposal
Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.
San Luis Valley Ecosystem Council v. Dallas
A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...
Ondrusek v. United States Army Corps of Engineers
The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...
Blue Mountains Biodiversity Project v. United States Forest Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a 40,000-acre logging project in Malheur National Forest. An environmental group argued the Service violated NEPA by failing to adequately assess cumulative impacts, failin...