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Westlands Water Dist. v. Department of the Interior

The Ninth Circuit affirmed in part and reversed in part a lower court decision concerning challenges to a plan to redirect water from the Sacramento River Basin back to the Trinity River in order to revive its chinook salmon, coho salmon, and steelhead trout populations. Contrary to the lower court'...

Knott v. Federal Energy Regulatory Comm'n

The First Circuit denied an electric company's petition for review of three Federal Energy Regulatory Commission (FERC) orders that asserted mandatory licensing authority over the company's hydroelectric project, required the company to install gauges to measure stream flow at the project, and requi...

Alpine Lakes Protection Soc'y v. U.S. Forest Serv.

The court holds that the U.S. Forest Service (Forest Service) was required by the National Environmental Policy Act (NEPA) to consider the connected and cumulative impacts of a timber company's proposed timber-management project and six applications for access-road permits to the company. The Forest...

NEPA Coalition of Japan v. Aspin

The court holds that the presumption against extraterritoriality prevents the U.S. Department of Defense (DOD) from having to prepare environmental impact studies (EISs) under the National Environmental Policy Act (NEPA) for U.S. military installations in Japan. The presumption is supported by forei...

O'Conner v. Commonwealth Edison Co.

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson Amendments Act (PAAA), and that retroactive application of the PAAA di...

Seattle Audubon Soc'y v. Lyons

The court dissolves a 1992 injunction that prevented the U.S. Forest Service (Forest Service) from auctioning or awarding timber sales to log suitable habitat for the northern spotted owl in Regions 5 and 6 until the Forest Service implemented revised standards and guidelines in compliance with the ...

Landmark West! v. U.S. Postal Serv.

The court upholds the U.S. Postal Service's (Postal Service's) determination that an environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) for a project involving the Postal Service's sale of its leasehold interest in an old post office site, the con...

Northwest Resource Info. Ctr. v. Northwest Power Planning Council

The court holds that the Pacific Northwest Electric Power and Conservation Planning Council (Council) violated the Northwest Power Act (NPA) §839b(h)(7) and the Administrative Procedure Act by failing to explain, in its final amendments to its fish and wildlife program for the Columbia River Basin,...

Missouri Mining, Inc. v. Interstate Commerce Comm'n

The court holds that the Interstate Commerce Commission (ICC) did not violate the §102 of the National Environmental Policy Act (NEPA) or the ICC's implementing regulations when it granted a railroad company's request to waive the preparation of an environmental impact statement for the constructio...

George Wash. Home Owners Ass'ns v. Widnall

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...