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Gulf Restoration Network v. Bernhardt

A district court granted summary judgment to the Bureau of Ocean Energy Management (BOEM) in a challenge to the agency's decision to hold oil and gas lease sales in the Gulf of Mexico. Environmental groups argued that BOEM failed to evaluate a "true" no-action alternative in its EIS by assuming that...

Bark v. United States Forest Service

In an unpublished opinion, the Ninth Circuit held that the U.S. Forest Service's decision not to prepare an EIS for a tree-thinning project in Mount Hood National Forest was arbitrary and capricious. A district court concluded that the Service's decision was lawful and thus granted summary judgment ...

Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers

A district court denied summary judgment to environmental groups in a challenge to the U.S. Army Corps of Engineers' issuance of permits for construction of a crude oil pipeline across the Atchafalaya Basin. The groups argued that the Corps violated NEPA by failing to take a hard look at the risk of...

Food & Water Watch v. United States Department of Agriculture

A district court denied summary judgment to an environmental group in a challenge to the USDA Farm Service Agency's (FSA's) EA for a loan guarantee to construct and operate a poultry concentrated animal feeding operation (CAFO) in Maryland. The group first argued that FSA violated NEPA by improperly...

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

A district court held that the U.S. Army Corps of Engineers must prepare an EIS for the Dakota Access Pipeline that runs from North Dakota to Illinois. Native American tribes argued that the Corps failed to comply with a previous court decision requiring it to adequately consider whether the pipelin...

California v. Bureau of Land Management

A district court upheld BLM's rule that repealed a 2015 rule regulating hydraulic fracturing operations on federal and tribal lands. California argued that BLM's rationale that the 2015 rule was duplicative of state and tribal regulations was negated by the agency itself when considering the same ev...

Center for Biological Diversity v. U.S. Forest Service

A district court granted in part and denied in part a motion for summary judgment in a challenge to the Forest Service's and BLM's authorizations of hydraulic fracturing, or fracking, in Wayne National Forest. Environmental groups argued the agencies violated NEPA by failing to take a "hard look" at...

350 Montana v. Bernhardt

A district court vacated an EA prepared by OSM for a coal mine expansion in south-central Montana. Environmental groups argued that OSM violated NEPA by failing to adequately consider the risk of train derailments from the increased rail traffic that would result. The court found that OSM should hav...

Southeast Alaska Conservation Council v. United States Forest Service

A district court held that the Forest Service violated NEPA, the Alaska National Interest Lands Conservation Act (ANILCA), and the National Forest Management Act (NFMA) when it authorized timber harvesting in the Tongass National Forest. Environmental groups argued the EIS, which included a conditio...

High Country Conservation Advocates v. United States Forest Service

The Tenth Circuit held that the Forest Service's decision to eliminate an alternative from its study of an exception to the Colorado Roadless Rule that allowed coal mining on previously protected national forest land near the North Fork of the Gunnison River was arbitrary and capricious. Environment...