The court holds that two cattle company owners do not have a vested private-property right to graze their cattle in the Apache and Gila National Forests without a U.S. Forest Service permit. The owners argued that because their predecessors-in-title obtained a valid, vested water right under New Mex...

The court vacates a district court's dismissal of a community association's National Environmental Policy Act (NEPA) and Intermodal Surface Transportation and Efficiency Act (ISTEA) claims against the federal government in connection with a highway project in Tennessee. The court first holds that th...

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement (SEIS) addressing the construction of a bypass around Salisbury...

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act takes precedence over a state's earlier right-of-way grant in t...

The court holds that an environmental group's Department of Transportation Act §4(f) challenge to a proposed five-mile highway corridor in Minneapolis, Minnesota, is time barred. Although a statement made in the district court's opinion is a "new circumstance," it does not have anything to do with ...

The court holds that the Hazardous Materials Transportation Act (HMTA) preempts a New York regulation that prohibits the repackaging of hazardous wastes. The court first holds that the U.S. Department of Transportation (DOT) has primary jurisdiction over the regulation and transportation of hazardou...

The court holds that an individual failed to exhaust his administrative remedies before suing the U.S. Forest Service for violating the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in connection with two timber cutting projects in the Allegheny National Fore...

The court reverses a district court's denial of environmental groups' motion for a preliminary injunction to limit grazing in certain allotments of the Owyhee Resource Area in Idaho. The district court held that the groups failed to show a likelihood of success on the merits of their claim that the ...

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) when it adopted a forest plan for the Prescott National Forest in Arizona that identified certain forest land as suitable for grazing. The court first holds that the claims alleged by the environme...