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350 Montana v. Bernhardt
A district court vacated an EA prepared by OSM for a coal mine expansion in south-central Montana. Environmental groups argued that OSM violated NEPA by failing to adequately consider the risk of train derailments from the increased rail traffic that would result. The court found that OSM should hav...
Southeast Alaska Conservation Council v. United States Forest Service
A district court held that the Forest Service violated NEPA, the Alaska National Interest Lands Conservation Act (ANILCA), and the National Forest Management Act (NFMA) when it authorized timber harvesting in the Tongass National Forest. Environmental groups argued the EIS, which included a conditio...
High Country Conservation Advocates v. United States Forest Service
The Tenth Circuit held that the Forest Service's decision to eliminate an alternative from its study of an exception to the Colorado Roadless Rule that allowed coal mining on previously protected national forest land near the North Fork of the Gunnison River was arbitrary and capricious. Environment...
South Carolina Coastal Conservation League v. United States Army Corps of Engineers
A district court granted in part and denied in part motions to compel discovery in a challenge to the Federal Highway Administration's (FHwA's), U.S. Army Corps of Engineers', and EPA's approval of permits for construction of a new interstate highway from North Carolina to Myrtle Beach. An environme...
NEPA's Promise: A Future in Which We All Thrive
NEPA is not about my agenda or your agenda. It is about solutions that work for all of us. This Comment offers a litmus test. The first section explains the promise NEPA makes to each of us, describing the integration, information, and inclusion that NEPA brought to our federal statutory framework in a way not previously seen and describing how NEPA enhances our democracy by holding the government accountable to the people it serves—by giving the public a right to information, as well as the right to provide information.