DC Circuit Rules in Favor of North Dakota in NEPA Injunction Case

The State of North Dakota secured a unanimous ruling from the DC Circuit Court allowing the design of a water treatment plant to proceed. The DC Circuit held, for what is believed to be the first time, that completion of the decision making process under the National Environmental Policy Act (NEPA) constitutes a changed circumstance under Rule 60(b)(5) where an injunction was issued based on a prior NEPA review that was found to be legally deficient. 

Principal Nessa Coppinger and Associate Ryan Carra (Washington, DC) served as Special Assistant Attorneys General to the State of North Dakota. The win highlights Beveridge & Diamond's deep experience in both NEPA and the DC Circuit. 

Click here for the North Dakota Attorney General's press release, or here for news coverage in Law360.