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Idaho Sporting Congress v. U.S. Forest Serv.

The court holds that the salvage logging rider to the 1995 Rescissions Act precludes judicial review under the Administrative Procedure Act (APA) of seven salvage timber sales in Idaho and Montana. Because §2001(f) of the Rescissions Act provides a specific mechanism for judicial review and offers ...

Hirt v. Richardson

The court holds that individuals' National Environmental Policy Act (NEPA) suit against the U.S. Department of Energy (DOE) seeking to enjoin the agency from shipping the nuclear material mixed oxide uranium (MOx), from the United States and Russia to Canada is moot. The individuals claimed that DOE...

National Parks & Conservation Ass'n v. Babbitt

The court reverses a district court decision and holds that the U.S. National Park Service (NPS) violated the National Environmental Policy Act when it implemented a vessel management plan (VMP) for the Glacier Bay National Park in Alaska without preparing an environmental impact statement (EIS). Th...

Entergy Arkansas, Inc. v. Nebraska

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...

Custer County Action Ass'n v. Garvey

The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...

Dumontier v. Schlumberger Tech. Corp.

The Ninth Circuit held that the subcellular alteration of a plaintiff's deoxyribonucleic acid (DNA), without pain or interference with bodily functions, is not a bodily injury within the meaning of the Price-Anderson Act. The Price-Anderson Act prohibits recovery for plaintiffs who have not suffered...

West Virginia Highlands Conservancy, Inc. v. Kempthorne

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with the OSM alleging that a reclaimed surface mining site, which ha...

Central Delta Water Agency v. U.S. Fish & Wildlife Serv.

A district court dismissed two local water agencies' NEPA action against various federal and state regulatory agencies, water districts, and other interested parties involved in the development and environmental review of the Bay Delta Conservation Plan, a yet-to-be consummated collaborative approac...

Morris v. NRC

In denying a petition for review, the Tenth Circuit held that the NRC did not violate the Atomic Energy Act (AEA) or NEPA when it issued a license to a company to conduct in situ leach mining for uranium on four sites in northwest New Mexico. In issuing the license, NRC interpreted its regulations t...

Geertson Seed Farms v. Johanns

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...