Category : Litigation(34)
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City of Burbank v. Lockheed Air Terminal
★ 32In one of the most maddening examples of airport law, the United States argued for reversal (ie. allowing for local airport control) of curfews. The FAA, which had previously supported the ban, adopted a neutral position when the The Department of Transportation, filed a Friend of the Court brief arguing for reversal. Summary Holding that -
2025-05-30
U.S. Supreme Court Narrows NEPA Review
Court removes “indirect effects” requirement The U.S. Supreme Court issued a unanimous decision, on May 29, 2025, narrowing the scope of environmental review under the National Environmental Policy Act (NEPA). In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court reversed in part the D.C. Circuit Court of Appeals’ finding that the Surface Transportation -
2024-11-27
CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations
In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the National Environmental Policy Act (NEPA).1 The decision calls into question the legal basis for key aspects of NEPA compliance, including the use