A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the National Park Service's (NPS') policy directive instructing park superintendents to allow e-bikes in areas where traditional bikes were used, and subsequent rule amending NPS regulatio...
A district court granted in part and denied in part BLM's and the Forest Service's motion to remand a challenge to the agencies' approval of a master development plan concerning oil and gas development activities on Colorado's Western Slope. Environmental groups argued the agencies violated NEPA by ...
A district court granted a developer's motion to dismiss a challenge to the Army Corps of Engineers' decision to issue a CWA §404 permit for a proposed copper mine project in the Santa Rita Mountains. Environmental groups and Native American tribes argued that the Corps violated the CWA and NEPA wh...
The First Circuit again affirmed a district court order that remanded to state court Rhode Island's climate change lawsuit against oil companies. The district court concluded that none of the companies' grounds for removal—federal officer, federal question, Outer Continental Shelf Lands Act, admir...
In an emergency order, the U.S. Supreme Court denied several states' application to vacate the Fifth Circuit's stay of a district court ruling that had enjoined federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions.
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A district court granted summary judgment for environmental groups in a challenge to FWS' 2020 withdrawal of its 2013 proposal to list the bi-state sage-grouse as a threatened species under the ESA, and vacated the withdrawal. The groups argued the withdrawal violated the ESA because the Service's d...
The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...
The Ninth Circuit, 2-1, affirmed a district court ruling that the Forest Service acted arbitrarily and capriciously in approving a mining operations plan for a copper mine in the Santa Rita Mountains. The Service approved the plan based on its conclusion that §612 of the Surface Resources and Multi...
In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit concerning the Forest Service's 1987 plan for Custer Gallatin National Forest. An environmental group argued that NEPA obligated the Service to supplement its EIS for the plan after recognizing in 2012 that climate change n...
The Tenth Circuit reversed a district court's denial of a motion to dismiss a CWA citizen suit concerning the release of contaminated water from an inactive gold mine in Colorado. Nearby farmers filed suit in a New Mexico district court, alleging several state-law claims. A hazardous waste managemen...