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US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

2013 in Renewable Energy Project Litigation

Renewable energy developers continue to have an excellent track record of defeating project challenges. In December 2012, we summarized nearly 10 years of litigation against renewable energy projects. Between the...more

Federal Approval of Tule Wind Project Upheld in District Court on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. , the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in favor...more

Decision on Cape Wind Offshore Wind Farm

On March 14, 2014, in Public Employees for Environmental Responsibility et al. v. Beaudreu et al., the US District Court for the District of Columbia issued a decision on multiple challenges to the Cape Wind Offshore Wind...more

Ocotillo Wind-Energy Project Prevails in NEPA and Migratory Bird Treaty Act Challenges

On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National...more

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