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League of Wilderness Defenders v. United States Forest Service
A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and the w...
United States v. CB & I Constructors, Inc.,
The Ninth Circuit upheld a jury's award of $28.8 million in intangible environmental damages for harm caused by a wildfire negligently caused by a construction company that burned roughly 18,000 acres of the Angeles National Forest in Southern California. The company did not contest its liabil...
Coalition for Responsible Regulation v. Environmental Protection Agency
The D.C. Circuit upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497 (2007), in which the Court clarified that greenhouse gases meet the definition of an air pollutant under the CAA. Petit...
State v. AT&T Mobility, LLC
A Minnesota appellate court reversed a lower court decision permanently enjoining the construction of a 450-foot wireless-communications tower outside of the Boundary Waters Canoe Area Wilderness (BWCAW), a 1.1 million-acre wilderness area composed of federal and state lands in northeastern Minn...
Thrun v. Cuomo
A New York court dismissed individuals' lawsuit challenging the legality of New York's participation in the Regional Greenhouse Gas Initiative (RGGI), a regional cap-and-trade plan for carbon dioxide (CO2) emissions. The individuals claimed they had standing because, as electric utility ratepaye...
Association of Irritated Residents v. California Air Resources Board
A California appellate court held that the California Air Resources Board's (CARB's) climate change scoping plan, designed to reduce greenhouse gas emissions to 1990 levels by 2020, complies with the state's Global Warming Solutions Act of 2006. The Global Solutions Warming Act requires CARB to ...
Pacific Rivers Counsel v. United States Forest Service
The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which contained a 64-page detailed analysis of the environmental conseq...
Alec L. v. Jackson
A district court dismissed a lawsuit filed by nongovernmental organizations and a group of minors claiming that six federal agencies violated their fiduciary duties to preserve and protect the atmosphere as a commonly shared public trust resource under the public trust doctrine. The public trust...