The court affirms a district court decision enjoining further construction on a Kansas highway project until the Federal Highway Administration (FHwA) completes a National Environmental Policy Act (NEPA) supplemental environmental impact statement (SEIS) for a segment of the project. The court first...

The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...

The Ninth Circuit upheld a lower court order enjoining the future planting of disputed genetically engineered alfalfa seed pending the U.S. Animal and Plant Health Inspection Service's completion of an enivironmental impact statement. The district court applied the traditional balancing test, and no...

The Ninth Circuit affirmed a lower court decision that the U.S. Coast Guard (Coast Guard) did not violate appellants' First Amendment rights or the National Environmental Policy Act (NEPA) when it established safety zones insulating a private "super ferry" in Hawaii from blockade by local protesters...

The Eighth Circuit denied a petition for review of a Federal Energy Regulatory Commission (FERC) order authorizing the reconstruction of the Taum Sauk Pumped Storage Project, a hydroelectric generating plant in the Missouri Ozarks. In 2005, the upper reservoir of the project collapsed, and the opera...

The Fourth Circuit affirmed a lower court decision denying a motion to dismiss environmental groups' National Environmental Policy Act (NEPA) claim against the director of the South Carolina Department of Transportation concerning the construction of a bridge. The director argued that the claims aga...

The First Circuit denied a petition for review of the Federal Aviation Agency's (FAA's) decision to reroute aircraft approaching and departing Logan Airport in Boston. Peer-reviewed noise studies showed that the impact on noise levels would not be significant. Accordingly, the FAA did not err in fin...

The Fifth Circuit held that the U.S. Fish and Wildlife Service (FWS) was not required to prepare an environmental impact statement (EIS) in conjunction with its establishment of a conservation easement on city land. After FWS prepared an environmental assessment (EA) for a proposed wildlife refuge i...

The Third Circuit held that the Nuclear Regulatory Commission (NRC) need not examine the environmental impact of a hypothetical terrorist attack on a nuclear power facility during its review of an application to relicense that facility. New Jersey's environmental agency, in its petition for review o...

A district court denied environmental groups' motion to enjoin the U.S. Army Corps of Engineers from authorizing and/or commencing any dredge and fill activities related to the construction of a byway project in Sandpoint, Idaho. The groups argued that the Corps improperly failed to consider and sel...