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Natural Resources

Birckhead v. Federal Energy Regulatory Commission

The D.C. Circuit denied a petition to review FERC's decision authorizing the construction and operation of a new natural gas compression facility in Tennessee. Landowners and business owners argued that FERC violated NEPA by failing to...

Applications of Enbridge Energy, Limited Partnership, for a Certificate of Need and Routing Permit for the Proposed Line 3 Replacement Project in Minnesota from the North Dakota Border to the Wisconsin Border

A state appellate court reversed the Minnesota Public Utilities Commission's determination that the final EIS for a proposed pipeline replacement project was adequate. Environmental groups argued the final EIS failed to address...

Proposed Revisions to Improve and Modernize CEQ’s NEPA Regulations

When the president’s Council on Environmental Quality (CEQ) produced its Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (CEQ NEPA Regulations) in 1978, those regulations were sufficiently...

National Parks Conservation Ass'n v. Semonite

The D.C. Circuit granted in part the U.S. Army Corps of Engineers' and a power company's request to reconsider a prior court order that vacated a permit for a 17-mile transmission line after finding the Corps failed to prepare an EIS...

Applications for a Supplemental Environmental Impact Statement for the Proposed NorthMet Project

In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' decision denying a request for the preparation of a supplemental EIS for a proposed copper-nickel-platinum group elements mine....

Wildearth Guardians v. Chao

A district court denied the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) motion to dismiss a challenge to the agency's pipeline inspection regulations. An environmental group argued that PHMSA's existing...

Friends of the Wild Swan v. Kehr

In an unpublished opinion, the Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to its proposed logging project in Flathead National Forest. Environmental groups argued that the Service violated the...

Otsego 2000 v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed an environmental group's petition to review FERC's order granting a certificate to a pipeline company to construct and operate compression facilities for one of its projects. The group argued that FERC was...

Dine Citizens Against Ruining Our Environment v. Bernhardt

The Tenth Circuit affirmed in part and reversed in part a district court ruling that upheld BLM's approval of oil and gas wells in the Mancos Shale area of the San Juan Basin in northeastern New Mexico. Environmental groups argued that...

Environmental Gatekeepers: Natural Resource Trustee Assessments and Frivolous Daubert Challenges

Environmental disasters wreak havoc on ecosystems and public trust resources. The environmental statutory regime in place today aims to remedy these disasters and restore the public trust as efficiently as possible. In order to do so,...

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