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Ark Initiative v. Tidwell

The D.C. Circuit affirmed the U.S. Forest Service's decision denying an emergency petition filed by an environmental group seeking “roadless” designation for roughly 1,000 acres on Burnt Mountain in Colorado's Snowmass ski area and suspension of the Aspen Skiing Company’s authorization to cut ...

San Juan County, Utah v. United States

The Tenth Circuit upheld a lower court decision rejecting the claims of San Juan County and the state of Utah to a public right-of-way, called Salt Creek Road, in Canyonlands National Park. The state and county wish to use their claimed right-of-way to prevent the United States from closing the Salt...

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...

In re Methyl Tertiary Butyl Ether Products Liability Litigation

A district court denied a motion to dismiss an oil company's lawsuit against a gas station operator and gasoline transporter in which it seeks contribution for groundwater contamination under the New Jersey Joint Tortfeasors Contribution Law, the New Jersey Comparative Negligence Act, and the New Je...

In re Methyl Tertiary Butyl Ether Products Liability Litigation

A district court held that a natural resource damages (NRD) settlement agreement between New Jersey and an oil company for methyl tertiary butyl ether groundwater contamination bars the state from seeking product liability claims against the company. The agreement settled all claims for NRD at sites...

In re Deepwater Horizon

The Fifth Circuit affirmed a lower court decision dismissing a lawsuit filed by 11 Louisiana parishes in which they sought penalties under the Louisiana Wildlife Protection Statute for the pollution-related loss of aquatic life and wildlife following the April 2010 Deepwater Horizon disaster in the ...