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Western Organization of Resource Councils v. Zinke
The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They argue...
San Juan Citizens Alliance v. United States Bureau of Land Management
A district court held BLM violated NEPA when it approved 13 oil and gas leases covering 19,788 acres in the Santa Fe National Forest without considering the leases' impacts on climate change. BLM decided an EIS was not warranted based on its FONSI. But BLM failed to take a hard look at the impacts o...
National Parks Conservation Ass'n v. Semonite
A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS was...
Western Organization of Resource Councils v. U.S. Bureau of Land Management
A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin. BLM's EISs failed to consider any alternative that would decrease...
Little Traverse Lake Property Owners Ass'n v. National Park Service
The Sixth Circuit affirmed a lower court decision dismissing residents' NEPA lawsuit against the National Park Service (NPS) concerning its approval of a scenic trailway through the Sleeping Bear Dunes National Lakeshore in Michigan. One of the alternative routes for the trailway, which NPS proposed...
In re Border Infrastructure Environmental Litigation
A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...
Sierra Club v. U.S. Department of Energy
The D.C. Circuit denied a environmental group's petition to review a FERC decision allowing the transport of liquefied natural gas (LNG) from the Freeport Terminal in Texas. In 2011, an energy company requested permission for daily exports of LNG out of Freeport. FERC granted the application, findin...