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Supreme Court Reinstates Cross-State Air Pollution Rule

On April 29, 2014, the Supreme Court by a 6-2 vote reversed the D.C. Circuit and upheld the Environmental Protection Agency’s Transport Rule, which imposed specific Clean Air Act limits on emissions in certain states to...more

District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service...more

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See...more

USDOT Proposes Regulations Allowing States To Assume USDOT Responsibilities For Environmental Review Under NEPA And Other Laws

On August 30, 2013, the U.S. Department of Transportation (USDOT) proposed regulations for the Surface Transportation Project Delivery Program, a program that allows states to assume federal environmental review authority for...more

BLM Issues Revised Proposed Fracking Regulations

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Ninth Circuit Clarifies NEPA Supplementation Requirements And Rules That Mining Plans Of Operations Do Not Expire After Temporary...

On February 4, 2013, a Ninth Circuit panel held that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), or its own mining...more

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