A district court held that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it prepared an environmental assessment (EA) in lieu of an environmental impact statement for proposed levee work along the Missouri River. The EA failed to properly consider the cu...

The Eighth Circuit reversed and remanded a lower court's grant of summary judgment in favor of the U.S. Department of Transportation on a city's claims that the agency insufficiently considered the economic and environmental impact of a sound wall in violation of the National Environmental Policy Ac...

A district court held that the U.S. Army Corps of Engineers' (the Corps') final supplemental environmental impact statement (FSEIS), designed to avoid jeopardy to the endangered Cape Sable seaside sparrow in the Everglades National Park in connection with a water and flood control project in souther...

A district court dismissed environmental groups' claims that emergency orders issued by the state of Louisiana following Hurricanes Katrina and Rita conflict with and/or are preempted by the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA). The or...

A district court denied plaintiff environmental group's motion for summary judgment under the Administrative Procedure Act to compel compliance with the National Environmental Policy Act (NEPA) and to enforce a 1987 stipulation. The U.S. Department of Energy (DOE) did not violate NEPA's policy prohi...

The Ninth Circuit affirmed dismissal of an action against the U.S. Environmental Protection Agency (EPA) and others under the National Environmental Policy Act (NEPA) in which an environmental group sought injunctive, declaratory, and other relief relating to the preparation of certain environmental...

The D.C. Circuit denied citizen advocacy groups' claim that the Nuclear Regulatory Commission violated the National Environmental Policy Act and the Atomic Energy Act when it granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors....

The Ninth Circuit vacated as moot a dispute concerning the federal government's policy for listing killer whales under the Endangered Species Act. An environmental group filed suit after the National Oceanic and Atmospheric Administration (NOAA)-Fisheries denied its petition to list the Southern Res...

The Tenth Circuit upheld a lower court decision vacating a prior order that set aside a U.S. Forest Service decision revoking a business' permits to operate a lodge and outfitter-guide service. The business sold its property after the permits were revoked but before the lower court issued its order....

The Eighth Circuit affirmed a lower court's decision to abstain from an action seeking a declaration of the rights and obligations of various insurance companies and an oil company with respect to soil contamination surrounding the oil company's refinery in Hartford, Illinois. The lower court correc...