In perhaps the most consequential environment and energy case heard by the Supreme Court this term, the justices overruled a decision by the Fourth U.S. Circuit Court of Appeals that the Forest Service did not have the power to authorize the Atlantic Coast Pipeline’s natural gas project to pass beneath the trail. In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, […]

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Since 2016, The Standing Rock Sioux Tribe of North Dakota has been fighting for a more extensive and thorough review of the environmental impact of the Dakota Access Pipeline (“DAPL”). The Standing Rock Tribe and numerous environmental activist groups heavily opposed construction of the pipeline underneath Lake Oahe.  Among their main concerns was the high potential for environmental damage to the lake, which the tribe relies on for drinking water, […]

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