Organized Village of Kake v. United States Department of Agriculture
The Ninth Circuit reversed a lower court decision invalidating a 2003 USDA regulation that temporarily exempted Alaska's Tongass National Forest from the 2001 Roadless Area Conservation Rule. USDA clearly acknowledged that its 2003 record of decision, which excluded the Tongass from the Roadless Rul...
BARK v. United States Forest Service
A district court held that fee restrictions set forth in the Federal Lands Recreation Enhancement Act (REA) do not apply to private, third-party concessionaires who operate recreation areas within the National Forests. Nonprofit groups challenged the U.S. Forest Service’s issuance of several speci...
WildEarth Guardians v. Bureau of Land Management
A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes because the agency failed to adequately consider the impacts on lo...
Te-Moak Tribe of Western Shoshone Indians of Nevada v. U.S. Department of the Interior
The Ninth Circuit held that BLM did not violate NEPA or FLPMA when it approved the expansion of a gold mine near Nevada's Mount Tenabo. Native American tribes claimed that BLM failed to address mitigation measures specific to groundwater in situ, failed to propose new mitigation measures relating to...