News & Analysis as of

Endangered Species Act (ESA) National Environmental Policy Act Appeals

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

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

Bracewell LLP

Vineyard Wind 1 Prevails Again in the First Circuit

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The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated...more

Bracewell LLP

Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind

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The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...more

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

Endangered Species Act/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to Bureau of Land Management...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a November 25th Memorandum a judicial challenge to the United States Bureau of Land Management (“BLM”) North Landscape Project (“North...more

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

Bricker Graydon LLP on

On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

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

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

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

Nossaman LLP

Environmental Groups’ NEPA Challenge to USDA Wolf Killing Survives

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On April 23, 2019, the U.S. Court of Appeals for the Ninth Circuit found that environmental groups have standing to challenge the federal government’s killing of gray wolves in Idaho without conducting additional analysis...more

Allen Matkins

Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit

Allen Matkins on

In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more

Nossaman LLP

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

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On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Perkins Coie

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

Perkins Coie on

The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more

Nossaman LLP

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

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On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more

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