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Coalition of Concerned Citizens v. Federal Transit Authority
The Tenth Circuit affirmed a district court ruling denying business owners’ motion to preliminary enjoin the city of Albuquerque, New Mexico, from proceeding with construction of a rapid transit bus system due to alleged NEPA and National Historic Preservation Act (NHPA) violations. The business o...
Syngenta Seeds, Inc. v. County of Kauai
The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...
Sierra Club v. Federal Energy Regulatory Commission
The D.C. Circuit, in an unpublished opinion, denied an environmental group's petition for review challenging FERC's approval of a proposed liquefied natural gas project in Texas. The group argued that FERC violated NEPA in its consideration of the projects’ indirect and cumulative effects. But as ...
Diné Citizens Against Ruining Our Environment v. Jewell
The Tenth Circuit upheld a lower court decision denying environmental group's request to preliminarily enjoin the drilling of certain oil and gas wells in the Mancos Shale formation of the San Juan Basin in New Mexico. The groups filed a lawsuit under NEPA challenging 260 drilling permits in the Man...
Southern Utah Wilderness Alliance v. United States Department of the Interior
A district court held that BLM violated NEPA when it issued a FONSI in connection with an energy company's application to drill 16 new gas wells at its natural gas plant in northeastern Utah. Environmental groups alleged that BLM violated NEPA by failing to take a “hard look” at the environmenta...
Robinson Township v. Commonwealth
The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013, the court struck down provisions that limited the zoning powers of...
Audubon Society of Portland v. United States Army Corps of Engineers
A district court upheld the U.S. Army Corps of Engineers' and FWS' management plan, EIS, and associated permits authorizing the “take,” or killing, of double-crested cormorants in the Columbia River estuary, even though the agencies failed to consider reasonable alternatives other than killing i...
Los Padres ForestWatch v. United States Bureau of Land Management
A district court held that BLM failed to take a "hard look" at the environmental impact of hydraulic fracturing with regard to the agency's resource management plan (RMP) for public lands in California's central region. Under the resource management plan, 25% of new wells are expected to use hydraul...