Justia Environmental Law Opinion Summaries

The case concerns the approval of a 32-mile natural gas pipeline intended to supply fuel to a new natural-gas turbine that will replace one of two coal-fired units at the Cumberland Fossil Plant in Tennessee. The Tennessee Valley Authority (TVA), a federal agency, decided to retire the coal units and replace one with a gas turbine, which is expected to reduce greenhouse gas emissions. The Federal Energy Regulatory Commission (FERC) approved the pipeline after preparing a detailed environmental impact statement. The Sierra Club and Appalachian Voices challenged this approval, arguing that FERC’s decision violated the National Environmental Policy Act (NEPA) and the Natural Gas Act.Previously, FERC issued a certificate of public convenience and necessity for the pipeline, finding that market need was established by TVA’s long-term agreement to purchase all pipeline capacity and that the project’s benefits outweighed its harms. FERC also credited the pipeline with enabling a net reduction in emissions due to the coal-to-gas transition. After the Sierra Club requested rehearing, FERC clarified that only one coal unit would be replaced but maintained its approval. The Sierra Club then petitioned the United States Court of Appeals for the District of Columbia Circuit for review.The United States Court of Appeals for the District of Columbia Circuit denied the petitions. The court held that FERC’s approval complied with NEPA and the Natural Gas Act. It found that FERC reasonably analyzed downstream emissions, properly considered the no-action alternative, and was not required to analyze the pipeline and power plant as connected actions because FERC lacked regulatory authority over power generation. The court also held that FERC’s reliance on TVA’s precedent agreement established market need and that FERC’s public interest balancing was reasonable. The court emphasized that, following recent Supreme Court precedent, judicial review of NEPA compliance is highly deferential. View "Sierra Club v. Federal Energy Regulatory Commission" on Justia Law

A coalition of trade associations, whose members operate stationary sources of air pollution and hold Title V permits under the Clean Air Act, challenged the Environmental Protection Agency’s (EPA) 2023 rescission of a longstanding affirmative defense. This defense had protected permit holders from liability for exceeding emission limits during emergency events, provided certain conditions were met. The EPA rescinded the defense, arguing it was unlawful because it encroached on the judiciary’s authority to impose civil penalties and rendered emission standards non-continuous, allegedly violating the Clean Air Act.The SSM Litigation Group petitioned for review in the United States Court of Appeals for the District of Columbia Circuit. The EPA and environmental intervenors contested the group’s standing, but the court found that SSM had associational standing, as its members were directly regulated and injured by the rescission. SSM’s standing was supported by the administrative record and further confirmed by declarations submitted in its reply brief, which the court accepted.On the merits, the D.C. Circuit reviewed EPA’s action under the Clean Air Act’s standard, which mirrors the Administrative Procedure Act’s arbitrary and capricious review. The court held that EPA’s rescission was based entirely on erroneous legal grounds. First, the court found that the affirmative defense was a complete defense to liability, not a limitation on judicial remedies, and thus did not encroach on the judiciary’s authority. Second, the court determined that the defense did not render emission limitations non-continuous, as it did not suspend the underlying standards. The court concluded that EPA’s rescission was not reasonably explained and not in accordance with law, granted the petition, and reversed the rescission. View "SSM Litigation Group v. EPA" on Justia Law

The case concerns a challenge to the United States Department of the Interior’s approval of the 2024–2029 National Outer Continental Shelf Oil and Gas Leasing Program, which authorizes up to three lease sales in the Gulf of Mexico region. Environmental organizations argued that the Department failed to adequately assess the risks to vulnerable coastal communities, did not properly consider the endangered Rice’s whale in its environmental sensitivity analysis, overlooked potential conflicts with other ocean uses, and did not sufficiently balance the program’s projected benefits against its environmental costs. The Department, in coordination with the Bureau of Ocean Energy Management, had developed the program through a multi-year process involving public comment and environmental review.After the Department finalized the program, the environmental groups and the American Petroleum Institute (API) each petitioned for review in the United States Court of Appeals for the District of Columbia Circuit. API later withdrew its petition but remained as an intervenor. The environmental petitioners sought to have the program remanded for further consideration, arguing violations of the Outer Continental Shelf Lands Act (OCSLA). The Department and API contested the petitioners’ standing and the merits of their claims.The United States Court of Appeals for the District of Columbia Circuit held that the environmental petitioners had associational standing to pursue their claims. On the merits, the court found that the Department of the Interior had satisfied OCSLA’s requirements by reasonably evaluating environmental justice concerns, the selection of representative species for environmental sensitivity analysis, and potential conflicts with other uses of the Gulf. The court concluded that the Department’s decision-making process was reasoned and not arbitrary or capricious. Accordingly, the court denied the petition for review, leaving the 2024–2029 leasing program in effect. View "Healthy Gulf v. Department of the Interior" on Justia Law

The case centers on the southwestern willow flycatcher, a bird listed as an endangered subspecies by the United States Fish and Wildlife Service since 1995. The New Mexico Cattle Growers’ Association petitioned the Service to remove the bird from the endangered species list, arguing that it is not a valid subspecies and thus does not qualify for protection under the Endangered Species Act. Their petition relied heavily on a 2015 scientific article by Robert Zink, which critiqued previous studies supporting the subspecies classification. The Service conducted a thorough review, including public comment and expert consultation, and ultimately reaffirmed the subspecies designation, finding that the best available scientific evidence supported its continued listing.The United States District Court for the District of Columbia reviewed the Service’s decision after the Cattle Growers filed suit, claiming the agency’s determination was arbitrary and capricious under the Administrative Procedure Act. The district court granted summary judgment in favor of the Service and its intervenors, the Center for Biological Diversity and the Maricopa Audubon Society, finding that the Service had reasonably explained its reliance on scientific studies and its application of the non-clinal geographic variation standard to determine subspecies validity.On appeal, the United States Court of Appeals for the District of Columbia Circuit reviewed the district court’s summary judgment de novo. The appellate court held that the Service’s decision was neither arbitrary nor capricious, as it was based on a reasonable and well-explained evaluation of scientific evidence. The court rejected the Cattle Growers’ arguments regarding the indeterminacy of the non-clinal geographic variation standard and found no merit in claims of constitutional or procedural deficiencies. The judgment of the district court was affirmed. View "New Mexico Cattle Growers' Association v. FWS" on Justia Law

The Federal Energy Regulatory Commission (FERC) approved a 1,000-foot natural-gas pipeline crossing the U.S.-Mexico border. The Sierra Club and Public Citizen challenged this approval, arguing that FERC should have exercised jurisdiction over a longer 157-mile pipeline extending into Texas, considered the environmental impact of the entire pipeline, and evaluated alternatives to the border-crossing segment. They also claimed that FERC's approval of the border-crossing pipeline was arbitrary and capricious.The lower court, FERC, concluded that it did not have jurisdiction over the 157-mile Connector Pipeline because it did not cross state lines or carry interstate gas upon entering service. FERC conducted an Environmental Assessment for the 1,000-foot Border Facility, found minimal environmental impact, and deemed it in the public interest. After FERC reaffirmed its conclusions on rehearing, the petitioners sought judicial review.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that FERC reasonably declined to exercise jurisdiction over the Connector Pipeline under Section 3 of the Natural Gas Act, respecting state regulatory authority. The court also found substantial evidence supporting FERC's conclusion that the Connector Pipeline would not transport interstate gas initially, thus not subjecting it to Section 7 jurisdiction. The court rejected the petitioners' claims that FERC's approval of the Border Facility was arbitrary and capricious, noting the presumption favoring authorization under the Natural Gas Act.Regarding the National Environmental Policy Act (NEPA), the court found that FERC reasonably defined the project's purpose and need, appropriately limited its environmental review to the Border Facility, and did not need to consider the upstream Connector Pipeline's impacts. The court denied the petition, affirming FERC's decisions. View "Sierra Club v. FERC" on Justia Law

The American Burying Beetle, the largest carrion beetle in North America, was listed as an endangered species by the Fish and Wildlife Service in 1989. In 2015, the Service began reevaluating the Beetle's status, prompted by a petition from private entities. The Service's Species Status Assessment Report revealed that the Beetle's current range is larger than initially thought, with several large, resilient populations across the United States. The Service concluded that the Beetle faces a relatively low near-term risk of extinction but is likely to become endangered in the foreseeable future due to future land-use changes and climate change. Consequently, in 2020, the Service downlisted the Beetle from "endangered" to "threatened" and established a Section 4(d) Rule for its conservation.The Center for Biological Diversity challenged the downlisting and the sufficiency of the protections for the Beetle as a threatened species. The United States District Court for the District of Columbia granted summary judgment for the Service, concluding that the Downlisting Rule did not violate the Endangered Species Act, was supported by the administrative record, and was reasonably explained. The court also found that the Center failed to establish standing for its challenges to the Section 4(d) Rule.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court's judgment. The court held that the Service's conclusion that the Beetle was not endangered at the time of the decision in 2020 was reasonable and consistent with the record evidence. The court also found that the Center lacked standing to challenge the Section 4(d) Rule on appeal. The Service's decision to downlist the Beetle to threatened status was based on the best available scientific and commercial data, and the Service's predictions about the Beetle's future viability were adequately explained and supported by the record. View "Center for Biological Diversity v. FWS" on Justia Law

The case involves the Environmental Protection Agency (EPA) implementing a cap-and-trade program to reduce hydrofluorocarbons (HFCs) as mandated by the American Innovation and Manufacturing (AIM) Act of 2020. The AIM Act requires an 85% reduction in HFC production and consumption by 2036. The EPA issued a rule in 2021 to allocate allowances for 2022 and 2023 based on historical market share data from 2011 to 2019. In 2023, the EPA issued a new rule for 2024-2028, again using the same historical data.The petitioners, RMS of Georgia, LLC (Choice) and IGas Holdings, Inc. (IGas), challenged the 2024 Rule. Choice argued that the AIM Act violated the nondelegation doctrine by giving the EPA too much discretion in allocating allowances. IGas contended that the EPA's exclusion of 2020 data from its market-share calculations was arbitrary and capricious.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court first addressed Choice's argument, holding that the AIM Act did not unconstitutionally delegate legislative power because it provided sufficient guidance to the EPA, modeled on previous cap-and-trade programs under the Clean Air Act. The court found that Congress intended for the EPA to allocate allowances based on historical market share, providing an intelligible principle to guide the agency's discretion.Regarding IGas's challenge, the court found that the EPA's decision to exclude 2020 data was reasonable. The EPA determined that 2020 data was unrepresentative due to the COVID-19 pandemic and supply chain disruptions and that including it could disrupt the market. The court held that the EPA's methodology was not arbitrary and capricious, as the agency provided a rational explanation for its decision.The court denied both petitions for review, upholding the EPA's 2024 Rule. View "IGas Holdings, Inc. v. EPA" on Justia Law

The Bureau of Land Management (BLM) approved over 4,000 permits for oil and gas wells on public land in New Mexico and Wyoming from January 2021 to August 2022. Environmental organizations challenged these permits, alleging that BLM failed to adequately consider the climate and environmental justice impacts of the wells. The district court dismissed the claims, holding that the plaintiffs lacked standing.The plaintiffs appealed, asserting standing based on affidavits from their members who live, work, and recreate near the drilling sites, claiming injuries to their health, safety, and recreational and aesthetic interests. They also claimed standing based on the wells' overall contribution to global climate change and an organizational injury from the government's failure to publicize information about climate change.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the plaintiffs failed to sufficiently link their alleged harms to the specific agency actions they sought to reverse. The court emphasized that plaintiffs must demonstrate standing for each challenged permit by showing a concrete and particularized injury that is fairly traceable to the challenged action and likely to be redressed by a favorable ruling. The court found that the plaintiffs' generalized claims about the harms of oil and gas development were insufficient to establish standing for the specific permits at issue.The court also rejected the plaintiffs' claims of organizational standing, finding that the alleged injuries were limited to issue advocacy and did not demonstrate a concrete and demonstrable injury to the organization's activities. Consequently, the court affirmed the district court's judgment of dismissal. View "Center for Biological Diversity v. Department of the Interior" on Justia Law

The case involves the Center for Biological Diversity and other petitioners challenging the Environmental Protection Agency's (EPA) Renewable Fuel Standards (RFS) Program for the years 2023, 2024, and 2025. The petitioners include environmental organizations, refiners, a renewable fuel producer, and a biofuel trade association. They argue that the EPA's rule, known as the Set Rule, fails to adequately address the environmental impacts, particularly greenhouse gas emissions and effects on endangered species.The lower court, the United States Court of Appeals for the District of Columbia Circuit, reviewed the EPA's RFS Program standards for 2020-2022 in a previous case, Sinclair Wyo. Refin. Co. LLC v. EPA. In that case, the court upheld the EPA's standards. In the current case, the petitioners argue that the EPA did not adequately explain its reliance on outdated data for greenhouse gas emissions and failed to properly consult with the Fish and Wildlife Service (FWS) regarding the impact on endangered species.The United States Court of Appeals for the District of Columbia Circuit found that the EPA's use of outdated data for greenhouse gas emissions was arbitrary and capricious. The court also found that the FWS's concurrence with the EPA's determination that the Set Rule would have "no effect" on endangered species was not adequately explained. The court remanded the Set Rule to the EPA and FWS for further consideration and explanation without vacating the rule. The court denied the petitions of Neste and the Refiner Petitioners and dismissed SABR's petition for untimeliness and lack of standing. View "Center for Biological Diversity v. Environmental Protection Agency" on Justia Law

The case involves the Federal Energy Regulatory Commission (FERC) extending the construction deadline for the Mountain Valley Pipeline, LLC (MVP) Southgate Project. Initially, FERC issued a certificate of public convenience and necessity for the Southgate Project in June 2020, setting a construction completion deadline of June 18, 2023. However, due to unresolved permitting issues for the Mainline, which Southgate extends from, the construction could not proceed as planned. MVP requested an extension shortly before the deadline, citing delays in Mainline permitting as the reason for not meeting the original deadline.The Commission granted MVP's extension request, finding that MVP had demonstrated good cause due to unavoidable circumstances, specifically the Mainline permitting delays. FERC also maintained that its previous assessments of market need and environmental impacts for the Southgate Project remained valid and did not require reevaluation.Eight environmental organizations petitioned for review, arguing that FERC's decision to extend the construction deadline and its refusal to revisit prior assessments were arbitrary and capricious. They contended that MVP had not made reasonable efforts to advance the Southgate Project and that the market need and environmental impact analyses were outdated.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that FERC reasonably found that MVP had satisfied the good cause standard for the extension, given the permitting and litigation delays with the Mainline. The court also upheld FERC's decision not to revisit its prior findings on market need and environmental impacts, concluding that the information presented by the petitioners did not constitute significant changes in circumstances. Consequently, the court denied the petitions for review. View "Appalachian Voices v. Federal Energy Regulatory Commission" on Justia Law