A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...
A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare ...
A district court granted in part and denied in part Alaska Native tribes' request for declaratory relief in a challenge to the Army Corps of Engineers' and BLM's final EIS and joint record of decision for a proposed gold mine in southwestern Alaska. The tribes argued the EIS and record of decision v...
A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S.
A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM's approval of an oil and gas project in Wyoming. The groups argued BLM violated NEPA, the APA, FLPMA, and the Mineral Leasing Act in approving the project and in approving hundred of applications...
A district court largely upheld BLM's approval of a proposed dolomite mining project near the Florida Mountains in New Mexico. Environmental groups challenged the approval, arguing BLM violated NEPA by failing to adequately consider adverse effects on water, air, wildlife, a wilderness study area, a...
A district court granted an Indian tribe's motion for a temporary restraining order (TRO) in a challenge to BLM's approval of a lithium mine exploration project in Arizona. The tribe argued BLM violated the National Historic Preservation Act (NHPA) when it found that no historical properties were af...
A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...
The D.C. Circuit granted in part and denied in part challenges to FERC orders reauthorizing two liquefied natural gas export terminals in Texas and a pipeline that would carry natural gas to one of them. The city of Port Isabel and an environmental group argued FERC failed to comply with NEPA and Na...