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Champions Retreat Golf Founders, LLC v. Commissioner of IRS
The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement simpl...
Oregon Natural Desert Ass'n v. United States Forest Service
The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its issuance of grazing authorizations on allotments in the Malheur National Forest. Environmental groups argued that the Service violated the National Forest Management Act (NFMA) when it failed to "analyze and sho...
Public Employees for Environmental Responsibility
The D.C. Circuit ordered the Federal Aviation Administration and the National Park Service to issue regulations for commercial sightseeing flights over 23 national parks. Nonprofit groups sought to compel the agencies to regulate air tours at seven parks where they had injured members, as required b...
Physicians for Social Responsibility v. Wheeler
The D.C. Circuit reversed a district court's dismissal of a challenge by scientific advocacy groups to EPA's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the directive lacked a reasoned explanation for changing its policy,...
Natural Resources Defense Council v. U.S. Environmental Protection Agency
A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. An environmental group argued the directive should be vacated and remanded following the court's previous ruling that granted summary ju...
Center for Biological Diversity v. Trump
A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president exceeded his authority under the National Emergency Act (NEA) when h...
Building Credibility: Lessons From the Leadership of William Ruckelshaus
The recent passing of William D. Ruckelshaus has recalled and re-invited comparisons between the Trump and Nixon presidencies. Although Ruckelshaus might be most widely remembered for the “Saturday Night Massacre,” a review of his career in the Nixon and Reagan Administrations demonstrates a through-line of sound administration and independent regulatory leadership, at times in contrast to or in spite of his political environment.
BNSF Railway Co. v. Clark County
A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...
American Wild Horse Campaign v. Bernhardt
A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land use plan that determined the area would not be managed for wild ho...