The court holds that the Ninth Circuit's exclusive jurisdiction over a challenge to a final decision of the Bonneville Power Administration (BPA) turns on the action challenged and not on the lawsuit's legal theory. In order to encourage prompt action, the Northwest Power Act (NWPA) grants exclusive...

The court holds that the Interior Board of Land Appeals (IBLA) may require applicants for land allotments under the Alaska Native Allotment Act (ANAA) to prove personal use and occupancy independent of immediate family members prior to withdrawal of the land from the public domain. The IBLA denied t...

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

The court grants environmental groups' motion to preliminarily enjoin the U.S. Forest Service from implementing a salvage project in the Bitterroot National Forest until any administrative appeals have been resolved pursuant to the Appeals Reform Act. After the final environmental impact statement f...

The court holds that the Federal Aviation Administration (FAA) was arbitrary and capricious in determining that a waste disposal company's proposed landfill expansion near an airport would be a hazard to air navigation. Under the Federal Aviation Act, accompanying regulations, and the FAA handbook, ...

The court upholds a district court order enjoining the U.S. Department of Labor (DOL) and three Rhode Island employees from proceeding in an administrative adjudication of the employees' claims that the state had retaliated against them in violation of the Solid Waste Disposal Act's (SWDA's) whistle...

The court affirms the U.S. Department of Agriculture's Farm Service Agency's (FSA's) decision to deny a New Mexico farm's application for enrollment in the conservation reserve program (CRP). The farm was purchased by a husband and wife who formed a joint venture to run the farm and whose sons opera...

The court affirms a district court dismissal of a county's complaint alleging that the designation of the Sequoia National Monument by President William J. Clinton violated the Antiquities Act, the U.S. Constitution, and several other laws. The court first holds that contrary to the county's argumen...

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and ordering him to remove an access road on the property and to restore the wetlands on his lots. The landowner buil...

The court reverses and remands a district court injunction prohibiting the implementation of a U.S. Forest Service rule that restricts road building in national forests. Landowners, corporations, Native American tribes, and recreational groups challenged the Forest Service's implementation of the Ro...