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Citizen Suits National Environmental Policy Act

Foley Hoag LLP - Environmental Law

The Test For Injunctive Relief Was Not Developed By a Risk Assessor

Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more

Foley Hoag LLP - Environmental Law

The New NEPA Regulations Were a "Political Act." Is That Enough to Invalidate Them?

Last week, Judge James Jones declined to issue a preliminary injunction that would have prevented implementation of the Trump Administration’s NEPA revisions. Judge Jones’s explanation was fairly sparse. He merely noted that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

Foley Hoag LLP - Environmental Law

NEPA Review — Still the Land of Deference

Last week, District Judge Ralph Beistline allowed the summary judgment motion filed by the United States Forest Service, and dismissed citizen claims challenging the Forest Service decision to approve an logging project in an...more

Nossaman LLP

Ninth Circuit Lifts the Veil: Explains How to Comply With Endangered Species Act 60-Day Notice Requirement

Nossaman LLP on

The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more

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