The Ninth Circuit affirmed a lower court decision dismissing gold miners' suit against the U.S. Forest Service challenging its decision to limit the use of motor vehicles to certain roads in the El Dorado National Forest. The miners have standing to pursue their claim. At least some of the miners ha...

The Ninth Circuit held that the U.S. Forest Service complied with NEPA and the NFMA when it approved a fuels reduction project in the Lewis and Clark National Forest. The project involves understory thinning and burning to mitigate the risk of wildfire in the Middle Fork Judith Wilderness Study Area...

The Ninth Circuit held that the U.S. Forest Service's Angora Fire Restoration Project in the Lake Tahoe Basin Management Unit (LTBMU) complies with the National Forest Management Act (NFMA) and NEPA. Environmental groups argued that the NMFA required the Forest Service to demonstrate at the project ...

The Tenth Circuit upheld the DOI Secretary's decision to rescind 77 oil and gas leases on federal land around national parks in Utah. BLM auctioned the oil and gas leases to energy companies in late 2008 during the last weeks of the George W. Bush administration. After the auction but before the lea...

The Ninth Circuit held that the U.S. Forest Service's EIS for a forest thinning research project in the Pringle Falls Experimental Forest within the Deschutes National Forest complies with NEPA. The project allows logging and controlled burning on roughly 2,500 acres of the Forest to reduce the risk...

A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for remediation purposes. The state's highest court has previously held that contaminated property acquired in a...

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonweal...

The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process. The town ove...

A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and the w...