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Environmental Policies › Jurisdiction › Appeals

Troutman Pepper Locke

One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects

Troutman Pepper Locke on

In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

Pierce Atwood LLP on

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

Akin Gump Strauss Hauer & Feld LLP on

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

Verrill

Incidental Take of Migratory Birds Prohibited Once Again as New MBTA Rule Becomes Effective

Verrill on

A U.S. Fish and Wildlife Service (“FWS”) final rule that presumptively reinstates liability for incidental take under the Migratory Bird Treaty Act (“MBTA”) becomes effective on December 3. The new rule revokes a Trump-era...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Foley Hoag LLP - Environmental Law on

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Best Best & Krieger LLP

Supreme Court WOTUS Decision Vacates Sixth Circuit Decision - District Court Stays and EPA Delay of Rule Implementation Remain in...

Best Best & Krieger LLP on

The Supreme Court issued a decision last week regarding which federal courts have jurisdiction to hear challenges to the 2015 Waters of the U.S. Rule....more

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