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Beaverhead County Commissioners v. United States Forest Service

A district court held that the U.S. Forest Service complied with NEPA when it promulgated the land and resource management plan (LRMP) for the Beaverhead-Deerlodge National Forest in Montana. The forest, the state's largest, covers 3.35 million acres and stretches over eight counties in southwestern...

John v. Alaska Fish & Wildlife Conservation Fund

The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) (Katie John I), the court held that because Congress inc...

American Trucking Ass'ns v. Los Angeles, City of

The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...

Conservation Northwest v. Sherman

The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree at issue in the case arose from a settlement between environment...

Ladd v. United States

The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice of Interim Trail Use or Abandonment (NITU) in 2006 constituted a compensable Fifth Amendment taking because it operated ...

Alaska v. United States Department of Agriculture

A district court dismissed as untimely Alaska's lawsuit challenging the 2001 roadless rule, which prohibits roadwork and timber harvesting on 58.5 million acres of national forest, including 14.7 million acres of the Tongass and Chugach National Forests in Alaska. Alaska's cause of action accrued in...

Great Old Broads for Wilderness v. Kimbrell

The Ninth Circuit upheld the U.S. Forest Service's record of decision determining the method for restoring a flood-damaged road in the Humboldt-Toiyabe National Forest in Nevada. The Forest Service's interpretation of the applicable fish and wildlife restoration standards is reasonable. Accordingly,...