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Appeals › Environmental Impact Statements

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

Dam Removal: Federal Appellate Court Addresses Whether Opponent Had Standing to Bring Taking Claim

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

The Sixth Circuit Court of Appeals (“Court”) addressed in an April 11th opinion an issue arising out of the proposed removal of a dam. See Barber v. Charter Township of Springfield, Mich., 31 F.4th 382 (2022). The...more

Foley Hoag LLP - Environmental Law

FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted

Foley Hoag LLP - Environmental Law on

On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted...more

Foley Hoag LLP - Environmental Law

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

Foley Hoag LLP - Environmental Law on

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

When the Music’s Over, Turn Off the Dakota Access Pipeline

Foley Hoag LLP - Environmental Law on

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

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