National Wildlife Refuge Association v. Rural Utilities Service

The Seventh Circuit Court of Appeals held that appeal of preliminary injunctions halting a wildlife refuge land exchange and construction of a high-voltage transmission line through the refuge was moot after the injunction was stayed and the exchange and construction of the line were completed. The Seventh Circuit remanded the case to the district court for a determination of whether the plaintiffs’ request for a permanent injunction was also moot. The plaintiffs’ claims included that that the defendants violated the National Environmental Policy Act, including by failing to take a hard look at climate change impacts of the project.

The Seventh Circuit Court of Appeals stayed the effectiveness of a preliminary injunction that barred federal defendants and developers of a transmission line from taking action to close an agreement to exchange land within the Upper Mississippi River National Wildlife and Fish Refuge for land held by the developers to facilitate construction of the transmission line through the refuge. Conservation groups argue that the federal defendants violated the National Environmental Policy Act, including by failing to consider climate change impacts.