News & Analysis as of

9th Circ. Reminds BOEM About The Importance Of Evidence

On Jan. 22, 2014, the Ninth Circuit held that the final environmental impact statement ("FEIS") and supplemental environmental impact statement ("SEIS") regarding the effects of proposed leases for oil and gas development in...more

Ninth Circuit Upholds NEPA and NHPA Analysis for Hawaii High-Speed Rail System

On February 18, 2014, the Ninth Circuit Court of Appeals rejected challenges under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act to the...more

There May Be Trouble Ahead: Legal Challenges on Home Turf Threaten U.S. Ex-Im Bank Funding for Foreign Mining Projects

The Export-Import Bank of the United States (Ex-Im Bank) is facing a new wave of legal challenges related to the financing of natural resource projects outside of the US, and which threaten to de-rail one of Western...more

Ninth Circuit Finds Environmental Document for Chukchi Sea Lease Sale Violates NEPA

On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more

BOEM Gives a Lesson on How Not To Survive NEPA Review

Last week, the Ninth Circuit Court of Appeals agreed with the plaintiffs that the Environmental Impact Statement issued by the Bureau of Ocean Energy Management to support oil and gas leasing in the Chukchi Sea was flawed. ...more

General Statements About Future Expansion Do Not Trigger NEPA “Cumulative Impact” Analysis Requirement For CWA Section 404 Permit

In a ruling that stands to benefit project proponents, the Ninth Circuit Court of Appeals, in Jones v. National Marine Fisheries Service, Case No. 11-35954 (9th Cir., Dec. 20, 2013), found that the Army Corps of Engineers...more

Court Enjoins "Salvage Harvest" Project In Area Scorched By The Mill Fire

In 2012, the Mill Fire burned almost 30,000 acres in California, destroying large areas of forest, including threatened Northern spotted owl (Strix occidentalis caurina) habitat. Even after the Mill Fire was finally snuffed...more

Environmental Groups Set Stage for Litigation Challenging BLM’s Proposed Hydraulic Fracturing Rulemaking with Claim That BLM Is...

Eighteen environmental organizations – lead by the Sierra Club – are claiming that the Bureau of Land Management (“BLM”) will violate the National Environmental Policy Act (“NEPA”) if it finalizes its proposed rulemaking...more

NEPA Watch – House Proposes Legislation To Streamline NEPA Reviews

On July 10, 2013, Rep. Tom Marino (R-PA) introduced a bill in the House that would amend the Administrative Procedure Act (APA) to streamline the environmental review process under the National Environmental Policy Act...more

Ready for Comment: Transportation Agencies Propose New National Environmental Policy Act Categorical Exclusions

On February 28, 2013, the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) issued a Notice of Proposed Rulemaking (NPR) to provide interested parties with the opportunity to comment on two...more

Environmental Groups Claim Further Environmental Review Needed to Address Fracking Impacts

In a case pending in the Northern District of California, the Center for Biological Diversity and the Sierra Club recently urged a federal judge to rule that the Bureau of Land Management (BLM) violated the National...more

Environmental Groups Say Further Environmental Review Needed to Address Fracking Impacts

In a case pending in the Northern District of California, the Center for Biological Diversity and the Sierra Club recently urged a federal judge to rule that the Bureau of Land Management (BLM) violated the National...more

FHWA and FTA Issue Guidance on MAP-21 to Streamline Environmental Process

On January 14, 2013, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) issued guidance on Section 1319 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, July...more

Federal Transportation Agencies Issue Interim NEPA Guidance

On January 14, 2013, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) issued joint guidance for implementing Section 1319 of the new Transportation Bill to streamline the final steps in the...more

Ninth Circuit Declines to Apply EIS Requirements to an EA

On September 20, 2012, the Ninth Circuit rejected a challenge mounted under both NFMA and NEPA to the validity of the Angora Fire Restoration Project. See Earth Island Institute v. U.S. Forest Service, No. 11-16718, slip op....more

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