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Sierra Forest Legacy v. Sherman

The Ninth Circuit affirmed in part and vacated in part a lower court decision largely granting summary judgment in favor of the U.S. Forest Service on environmental groups' and California's NEPA and NFMA claims challenging the agency's 2004 Sierra Nevada forest plan amendment and a timber harve...

Organized Village of Kake v. United States Department of Agriculture

A district court reinstated the roadless area conservation rule to the Tongass National Forest in southeast Alaska. The court previously ruled on motions for summary judgment that a U.S. Forest Service rule exempting the Tongass from the roadless rule's prohibitions was arbitrary and capricious. ...

Sierra Club v. Kimbell,

The Eighth Circuit held that the U.S. Forest Service's revised forest plan for the Superior National Forest complied with NEPA. The environmental groups that filed the suit have standing, given the immediate, concrete consequences for the recreational interests of specific visitors to the Su...

National Mining Association v. Office of Hearings and Appeals

A district court dismissed a mining industry association's action challenging DOI Office of Hearings and Appeals (OHA) regulations allocating the burden of proof in five types of administrative proceedings under SMCRA. The association argued that the regulations impermissibly shift the ultimate...

National Mining Ass'n v. Jackson

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet the criteria of final agency actions. The government's view of ...

Greater Yellowstone Coalition v. Lewis

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

Lands Council v. McNair

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

Fund for Animals v. Hall

A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...