Juliana v. United States
A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the government has known for decades that carbon dioxide (CO2) pollution ...
Public Employees for Environmental Responsibility v. United States Fish & Wildlife Service
A district court held that FWS violated NEPA when it reissued two orders authorizing the killing of double-crested cormorants in certain states. FWS issued an EA and FONSI for the orders rather than an EIS. But the EA is insufficient to justify FWS' FONSI because FWS did not take the requisite “ha...
Pacific Coast Federation of Fishermen's Ass'ns v. United States Department of Interior
The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision dismissing fishermen's NEPA claims against the Bureau of Reclamation in connection with its approval of eight interim two-year contracts for delivery of water from the Central Valley Project to...