The Federal Claims Court held that the U.S. government need not indemnify developers for remediation costs they incurred complying with state agency orders concerning property formerly used as a military base. The developers' insurance company sought reimbursement from the government under the ...

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs argued that a voluntary remand to the agency is only appropriate where either there have been intervening...

The Ninth Circuit, in an unpublished opinion, reversed a lower court decision granting summary judgment in favor of the U.S. Forest Service in a case challenging its approval of four timber logging projects in the Tongass National Forest. The Forest Service failed to adequately explain it decisi...

The Tenth Circuit held that the U.S. Forest Service may charge visitors to Mt. Evans an "amenity fee" under the Recreation Enhancement Act (REA). Plaintiffs, outdoor enthusiasts, argued that the fee exceeds the Service's statutory authority under the REA. But to prevail in a facial challenge to an a...

The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution. The USDA imposed civil penalties against two raisin farmers for failing to comply with various requirements...

The Ninth Circuit held that environmental groups may intervene in a citizen suit against the U.S. Forest Service concerning restricted motorized and mechanized vehicle use in a section of the Gallatin National Forest. In the underlying action, the citizens group argued that the Forest Service's plan...

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But there must be an actual discharge into navigable waters to trigger the CWA's requirements. EPA, therefore,...