News & Analysis as of

Arbitrary and Capricious National Environmental Policy Act

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

National Environmental Policy Act/Nuisance: Federal Appellate Court Addresses Property Owners' Challenge to Oregon Irrigation...

The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more

Husch Blackwell LLP

Property Owners Lodge a NEPA Challenge to the South Fork Offshore Wind Farm Project

Husch Blackwell LLP on

Last week’s blog post on NEPA and renewable energy development discussed how NEPA intersects with legal challenges brought against wind and solar projects. On March 9, 2022, concerned residents from the Town of East Hampton,...more

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

Stinson LLP on

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

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

Endangered Species Act/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to Forest Service Post -...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a November 29th Opinion National Environmental Policy Act (“NEPA”) and Endangered Species Act (“ESA”) challenges to post-fire projects...more

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

Environmental Impact Statement/National Environmental Policy Act: Federal Appellate Court Considers Whether Fire Line is Exempted

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 8th opinion whether a community protection line (“CPL”) constructed during a wildfire is exempted from the requirement to prepare a...more

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

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Foley Hoag LLP - Environmental Law

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

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