News & Analysis as of June 5, 2025

Supreme Court of the United States › National Park Service

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Split D.C. Circuit Panel Holds that CEQ Lacks Authority to Issue NEPA Regulations

Best Best & Krieger LLP on 11/22/2024

On November 12, 2024, the D.C. Circuit Court of Appeals issued a ruling in Marin Audubon Society v. Federal Aviation Administration holding that the White House Council on Environmental Quality (CEQ) lacks the authority to...more

Marin Audubon Should Not Upend the NEPA Process

Holland & Hart LLP on 11/15/2024

D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand. On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more

A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

Pillsbury - Gravel2Gavel Construction & Real... on 1/14/2021

Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT - Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights...more

Update: SCOTUS Allows Atlantic Coast Pipeline to Cross Appalachian Trail

Miles & Stockbridge P.C. on 7/6/2020

The Atlantic Coast Pipeline is a planned $8 billion, 600-mile natural gas pipeline from West Virginia to North Carolina. Petitioner Atlantic Coast Pipeline, LLC seeks to build the pipeline, which would traverse 21 miles of...more

U.S. Supreme Court Holds that Natural Gas Pipeline May Cross Under Appalachian Trail

Stoel Rives LLP on 6/26/2020

On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of...more

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

Morgan Lewis on 6/22/2020

The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Currents - Energy Industry Insights - June 2020 #3

Spilman Thomas & Battle, PLLC on 6/19/2020

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

Saul Ewing LLP on 6/17/2020

“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Supreme Court Hears Arguments on Atlantic Coast Pipeline

Benesch on 2/27/2020

On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail. Supporters of the...more

The Supreme Court Decides the United States Cannot Have Title to Running Waters

Beveridge & Diamond PC on 5/30/2019

The Supreme Court determined in Sturgeon v. Frost that the Nation River, located near Alaska’s eastern border, is not public land for purposes of regulation by the National Park Service (NPS). This case arose due to a...more

National Park Service Regulations Do Not Apply to Inholdings in Alaska

Stoel Rives LLP on 4/10/2019

Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general...more

Supreme Court Decides Sturgeon v. Frost

Faegre Drinker Biddle & Reath LLP on 3/27/2019

On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, No. 17-949, holding that the federal government does not own a navigable water that traverses a national park in Alaska, so the water is not “public land” under...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation Act

Perkins Coie on 4/1/2016

In 2007, National Park Service rangers stopped John Sturgeon from travelling by hovercraft on the Nation River within the boundaries of Yukon-Charley Rivers National Preserve. Park Service regulations ban the use of...more

The Supreme Court - March 2016 #4

Dorsey & Whitney LLP on 3/25/2016

The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more

Supreme Court Decides Sturgeon v. Frost

Faegre Drinker Biddle & Reath LLP on 3/23/2016

On March 22, 2016, the Supreme Court of the United States decided Sturgeon v. Frost, No. 14-1209, vacating a decision of the Ninth Circuit and leaving open the possibility that Section 103(c) of the Alaska National Interest...more

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Supreme Court of the United States › National Park Service

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