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Citizens for Smart Growth v. Department of Transportation
The Eleventh Circuit held that the Federal Highway Administration (FHwA) did not violate NEPA or §4 of the DOT Act in its planning and development of a bridge project in Florida. A citizens group argued that the FHwA improperly relied on a state agency's Feasibility Study and Corridor Report wh...
Pacific Rivers Council 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...
Sierra Club v. United States Department of Agriculture
A district court held that the USDA's Rural Utilities Service violated NEPA by failing to prepare an EIS in connection with its involvement in the expansion of a coal-fired generating plant in Holcomb, Kansas. Because the Service provided approvals and financial support to the project, the agenc...
Ohio River Valley Environmental Coalition v. Salazar
The Fourth Circuit affirmed a lower court decision dismissing an environmental group's lawsuit challenging the OSM's approval of two amendments to West Virginia's surface coal mining regulations. One amendment repeals the definition of "cumulative impact" in the state's cumulative hydrologic imp...
Northern Plains Resource Council, Inc. v. Surface Transportation Board
The Ninth Circuit affirmed in part and reversed in part the Surface Transportation Board's approval of a railroad company's applications to build a 130-mile railroad line in Southeastern Montana to haul coal. The Board prepared EISs under NEPA and included numerous mitigation measures in its approva...
San Diego v. Board of Trustees of the California State University
A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the agenc...
Sierra Club v. United States Department of Energy
A district court denied an environmental group's motion to preliminarily enjoin the DOE from providing funding assistance for the construction and operation of a coal-fired power plant in Mississippi. Before granting the funding, the DOE issued an EIS evaluating the funding's environmental effects, ...