D.C. Circuit Rules in Favor of North Dakota in NEPA Injunction Case

The State of North Dakota, assisted by Special Assistant Attorneys General Nessa Horewitch Coppinger and Ryan Carra, secured a unanimous ruling from the D.C. Circuit Court allowing the design of a water treatment plant to proceed.  The D.C. 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.  

The win highlights Beveridge & Diamond's deep experience in both NEPA and the D.C. Circuit.  For additional information, please see the North Dakota Attorney General's press release, or contact Nessa Coppinger.

Law360 also covered the case in its March 3, 2017 edition (subscription required).

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