The Tenth Circuit affirmed a lower court decision dismissing a lawsuit challenging the Forest Service's approval of a ski area improvement project near Aspen, Colorado. A conservation group alleged that the Forest Service violated NEPA by approving the project without examining certain cumulative ef...

A district court upheld the U.S. Forest Service's environmental review of a coal mine expansion project in the Grand Mesa, Uncompahgre, and Gunnison National Forests. An environmental group argued that the final EIS failed to adequately consider methane capture and flaring as reasonable alternatives...

The court holds that the U.S. Department of Transportation's (DOT's) approval of a 12-lane bridge to replace an existing 6-lane bridge in Alexandria, Virginia, violated the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Depar...

The court holds that the U.S. Forest Service complied with the National Environmental Policy Act (NEPA) when it issued a special use permit to a helicopter-guided skiing company in Chugach National Forest in Alaska without conducting an environmental assessment (EA) or an environmental impact statem...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act in its adoption of a grazing plan for the Fort Pierre National Grasslands in Nebraska. A grazing district challenged the Forest Service's plan, claiming tha...

The court affirms a district court decision denying residents' request to preliminarily enjoin a U.S. Army Corps of Engineers' (the Corps') permit allowing the use of federal waters and wetlands for construction of an electric-generating plant in Athens, New York, near the banks of the Hudson River....

The court holds that the U.S. Forest Service implementation of interim resource conservation policies in nine national forests was not arbitrary or capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA). The Forest Service developed i...

The court holds that the Federal Aviation Administration's (FAA's) approval of the expansion of Burbank-Glendale-Pasadena Airport does not violate the National Environmental Policy Act (NEPA) or the Clean Air Act (CAA). The court first rejects the arguments made by two cities that if FAA had taken a...

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...

The court holds that an intraagency memorandum discussing the U.S. Army Corps of Engineers' proposal to protect the pallid sturgeon in Missouri is exempt from Freedom of Information Act (FOIA) disclosure under the deliberative process privilege. The court first holds that the sturgeon memo is protec...