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Greater Yellowstone Coalition v. Tidwell

The Tenth Circuit upheld a lower court decision denying a petition for review of the U.S. Forest Service's determination not to undertake an EA of certain elk feedgrounds located on federal lands in Wyoming. Each winter the state of Wyoming feeds approximately 13,000 elk at 22 designated feedgrounds...

Chemical Weapons Working Group v. Department of Defense

A district court rejected claims that the U.S. Army violated NEPA by failing to provide a supplemental analysis reflecting new alternative destruction technologies that could be used in lieu of on-site incineration at four chemical weapon incineration facilities. For the four challenged sites, the A...

Center for Biological Diversity v. Department of the Interior

The Ninth Circuit held that BLM failed to take a "hard look" at the environmental consequences of a proposed land exchange between the agency and a mining company in violation of NEPA. The land exchange would transfer ownership of certain BLM property to a mining company, thereby allowing the compan...

Coalition on W. Valley Nuclear Wastes v. Chu

The Second Circuit held that DOE's EIS concerning waste management activities at a nuclear service center near Buffalo, New York, complied with NEPA and with the terms of a 1987 settlement agreement between the agency and an environmental group. The EIS addressed only short-term, waste management ac...

North Slope Borough v. Minerals Management Serv.

The Ninth Circuit affirmed a lower court decision dismissing an Alaskan community's lawsuit against the Minerals Management Service (MMS) challenging its decision not to prepare a supplemental EIS for a proposed oil and gas lease sale on a tract of the outer continental shelf in the Beaufort Sea. MM...

Center for Food Safety v. Vilsack

A district court held that the Animal and Plant Health Inspection Service (APHIS) violated NEPA in its decision to deregulate a variety of genetically engineered sugar beets. Sugar beets are pollinated by both wind and insects, and scientists have documented that sugar beet pollen can disperse up to...

California Resources Agency v. Department of Agric.

A district court held that the U.S. Forest Service's EIS addressing the land management plans for four national forests in southern California was issued in violation of NEPA and the National Forest Management Act (NFMA). The court rejected many of the plaintiffs' challenges. Nevertheless, the Fores...

New York v. NRC

The Second Circuit denied a petition for review challenging the NRC's decision not to reverse its 1996 EIS finding that spent fuel pools at nuclear power plants do not create a significant environmental impact within the meaning of NEPA. Because the NRC has given due consideration to the relevant st...

Manitoba, Province of v. Salazar

The Ninth Circuit affirmed a corporate officer’s conviction under RCRA relating to the illegal storage of hazardous waste. The officer argued that the United States could charge and obtain a conviction against the corporation or him, but not both. The court disagreed. Both the corporation and ...