The court holds that a nonprofit organization has standing to seek a preliminary injunction to prevent the implementation of a research study by the Department of Agriculture (DOA) on the transmission of brucellosis from wild bison in Yellowstone National Park to cattle outside the park without DOA ...

The court holds that the Secretary of Transportation did not violate the National Environmental Policy Act (NEPA) or the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) in granting take-off and landing slots to airlines servicing New York's Kennedy and LaGuardia Airpo...

The court holds that the U.S. Forest Service (Forest Service) violated the National Environmental Policy Act (NEPA) and the Rescissions Act by reissuing a permit for livestock grazing in the Gallatin National Forest without first conducting a NEPA review. In 1994, the Forest Service implemented a po...

The court holds that the U.S. Department of Energy (DOE) complied with the National Environmental Policy Act (NEPA) in connection with its transfer of surplus plutonium from Colorado to South Carolina. DOE argued that the governor of South Carolina, who filed suit against DOE, lacked standing becaus...

The court affirms in part and vacates in part a district court's award of attorney fees to environmental groups that sought to rescind new mining permits issued to a company that owned a mine in violation of the Surface Mining Control and Reclamation Act (SMCRA). The U.S. Department of the Interior'...

The Ninth Circuit held that the Bureau of Land Management's (BLM's) environmental assessments (EAs) for two timbers sales in the Cascade Mountains in Oregon violated the National Environmental Policy Act (NEPA). The EAs do not sufficiently identify or discuss the incremental impact that can be expec...

The court holds that the U.S. Forest Service's (Forest Service's) decision to allow certain salvage timber sales was exempt from administrative appeal pursuant to regulations in effect before the enactment of the Appeals Reform Act (ARA). The regulation at 36 C.F.R. §217.4 provided that decisions ...

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental ...

The court holds that the salvage logging rider to the 1995 Rescissions Act precludes judicial review under the Administrative Procedure Act (APA) of seven salvage timber sales in Idaho and Montana. Because §2001(f) of the Rescissions Act provides a specific mechanism for judicial review and offers ...

The court holds that individuals' National Environmental Policy Act (NEPA) suit against the U.S. Department of Energy (DOE) seeking to enjoin the agency from shipping the nuclear material mixed oxide uranium (MOx), from the United States and Russia to Canada is moot. The individuals claimed that DOE...