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Proposed settlement between environmental groups and federal agencies would revise procedures for designation of Western Energy Corridors
  • Davis Wright Tremaine LLP
  • USA
  • July 10 2012

Procedures for designation of West-wide Energy Corridors pursuant to Section 368 of the Energy Policy Act of 2005 are to be revised to allay concerns that (i) construction of energy-related facilities within such corridors would adversely affect environmentally sensitive areas and (ii) that procedures for designation of such corridors improperly support development of new coal-fired generation resources while failing to give appropriate consideration to transmission needs of generating stations utilizing renewable energy resources that could be developed in the future.

Ninth Circuit’s "federal defendant" intervention rule in NEPA cases finally meets its end: Wilderness Society v. United States Forest Service
  • Latham & Watkins LLP
  • USA
  • February 22 2011

In a significant decision issued in mid-January 2011, the U.S. Court of Appeals for the Ninth Circuit (en banc) abandoned its categorical rule that a party may not intervene of right in the merits of a National Environmental Policy Act (NEPA) case.

Federal court upholds Idaho “roadless rule”
  • Shook Hardy & Bacon LLP
  • USA
  • February 11 2011

A federal court in Idaho has upheld the state's "roadless rule," rejecting environmental group arguments that the state plan, which allows logging and mining, would damage endangered wildlife and wilderness.

The Ninth Circuit abandons rule prohibiting intervention in NEPA cases
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • February 10 2011

Participation in National Environmental Policy Act (“NEPA”) litigation by interested businesses, trade associations, non-profit organizations and conservation groups, and state and local governments recently became permissible in the Ninth Circuit.

Ninth Circuit abandons federal defendant rule prohibiting intervention of right in NEPA cases
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 26 2011

On January 14, 2011, the United States Court of Appeals for the Ninth Circuit filed its opinion upon review of a decision by the Idaho District Court to deny a motion to intervene in a case under the National Environmental Policy Act ("NEPA").

Ninth Circuit relaxes the standard for private party intervention in NEPA lawsuits
  • Farella Braun + Martel LLP
  • USA
  • January 26 2011

In a decision of interest to applicants for federal permits and those who access and use natural resources managed by the federal government, the Ninth Circuit Court of Appeals has abandoned its "federal defendant" rule, which for over twenty years has created a procedural roadblock for private parties, tribes and state and local governments seeking to intervene as defendants in claims brought against federal agencies under the National Environmental Policy Act ("NEPA").

A seat at the table: Ninth Circuit announces new rules for defending NEPA actions
  • Morrison & Foerster LLP
  • USA
  • January 18 2011

The Ninth Circuit has removed a long-standing obstacle that prevented private parties and local governments from intervening in National Environmental Policy Act ("NEPA") cases.

James L. Arnone
  • Latham & Watkins LLP