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National Audubon Soc'y v. Kempthorne

A district court enjoined the Bureau of Land Management (BLM) from leasing approximately 1.7 million acres within the National Petroleum Reserve in Alaska for oil exploration. The lease concerns vast areas of sensitive wetlands surrounding Lake Teshekpuk that are protected under the National Petrole...

Ilio'ulaokalani Coalition v. Rumsfeld

The court held that the U.S. Army violated the National Environmental Policy Act in connection with its proposal to transform the 2nd Brigade into a quick-response unit in Hawaii. The local groups challenging the proposal did not waive their right to challenge the sufficiency of the Army's considera...

Holy Cross v. Corps of Eng'rs

A district court held that the U.S. Army Corps of Engineers failed to take a "hard look" at the environmental impacts and consequences of dredging and disposing of contaminated sediment from the Industrial Canal, a five-mile link just east of New Orleans in the navigational system that connects the ...

Sierra Club v. Mainella

A district court granted in part and denied in part cross-motions for summary judgment in a case challenging the National Park Service's (NPS') decision to exempt from agency oversight directional drilling activities in and around Big Thicket National Preserve in Texas. Directional drilling refers t...

Environmental Law & Policy Ctr. v. NRC

The court upheld the Atomic Safety Licensing Board's dismissal of environmental groups' intervention in early site permit proceedings for new nuclear power facilities in Clinton, Illinois. The groups contended, among other things, that the applicant failed to adequately consider energy efficiency or...

Oregon Natural Resources Council v. BLM

The court held that the Bureau of Land Management’s (BLM’s) environmental assessment (EA) for a logging project in Oregon violated the National Environmental Policy Act and that the lower court erred in dismissing the case as moot. Although the harvested trees cannot be restored, harm to old gro...

Fund for Animals, Inc. v. Kempthorne

The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements the migratory bird conventions, makes it unlawful to hunt or kill migratory birds native to the United ...

International Ctr. for Tech. Assessment v. Johanns

A district court held that the Animal and Plant Health Inspection Service (APHIS) arbitrarily and capriciously denied petitions to list certain genetically engineered varieties of grasses as noxious weeds under the Plant Protection Act. APHIS' insistence that international obligations require that p...

Oregon Natural Resources Council v. Allen

The court held that a U.S. Fish and Wildlife Service (FWS) incidental take statement authorizing the taking of all northern spotted owls associated with certain proposed timber harvests in the Pacific Northwest is invalid. As a result of a prior court opinion, the FWS voluntarily reinitiated consult...

Earth Island Inst. v. Hogarth

The Ninth Circuit held that yellowfin tuna caught by encircling dolphins with purse-seine nets may not be labeled "dolphin-safe." Environmental groups challenged the Secretary of Commerce's finding that tuna caught with purse-seine nets does not have an adverse impact on dolphin populations. But the...