The Ninth Circuit held that the U.S. Forest Service's continued authorization of a 6-foot-tall Jesus statue on national forest land overlooking a northwestern Montana ski resort does not violate the Establishment Clause of the U.S. Constitution. The statue, known as "Big Mountain Jesus," was placed ...

The Ninth Circuit reversed a lower court decision dismissing an environmental group's ESA lawsuit against the U.S. Forest Service concerning the agency's approval of suction dredge mining projects in the Rogue River-Siskiyou National Forest. Because the Forest provides designated critical habitat fo...

A district court held that an Idaho "ag-gag" law that criminalizes undercover investigations of agricultural production operations violates the U.S. Constitution. Under the law, a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when re...

The Ninth Circuit reinstated application of the roadless rule to the Tongass National Forest in Alaska, holding that USDA violated the APA when it exempted the Forest from the rule. When USDA issued the roadless rule in 2001, it refused to exempt the Tongass National Forest from the rule, which bans...

A district court held that DOI has unreasonably delayed agency action in the agency's review of an oil and gas drilling permit on BLM lands in Montana held sacred to Native Americans. Under the APA, agencies must decide issues presented to them within a reasonable time. Here, BLM initially approved ...

A district court denied Alaska's request for a court order directing DOI to review the state's plan for the exploration of oil and gas resources in the Arctic National Wildlife Refuge (ANWR). When Congress enacted the Alaska National Interest Lands Conservation Act (ANILCA) in 1980, it authorized th...

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles. In 2009, the Forest Service issued a...

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against taking property without just compensation. Under the marketing order...

The D.C. Circuit reversed a lower court injunction requiring BLM to sell more timber from federal land managed under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937. The lower court had sided with timber companies, granting their motions for summary judgment and is...

A district court adopted a magistrate judge's report and recommendation and ordered FWS to finalize and approve a comprehensive conservation plan for five national wildlife refuges in the Klamath Basin Complex on or before August 1, 2016. FWS conceded, and the court had already ordered, that FWS vio...