The Ninth Circuit held that the Bureau of Land Management's (BLM's) environmental assessments (EAs) for two timbers sales in the Cascade Mountains in Oregon violated the National Environmental Policy Act (NEPA). The EAs do not sufficiently identify or discuss the incremental impact that can be expec...

The court holds that the U.S. Forest Service's (Forest Service's) decision to allow certain salvage timber sales was exempt from administrative appeal pursuant to regulations in effect before the enactment of the Appeals Reform Act (ARA). The regulation at 36 C.F.R. §217.4 provided that decisions ...

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental ...

The court holds that the salvage logging rider to the 1995 Rescissions Act precludes judicial review under the Administrative Procedure Act (APA) of seven salvage timber sales in Idaho and Montana. Because §2001(f) of the Rescissions Act provides a specific mechanism for judicial review and offers ...

The court holds that individuals' National Environmental Policy Act (NEPA) suit against the U.S. Department of Energy (DOE) seeking to enjoin the agency from shipping the nuclear material mixed oxide uranium (MOx), from the United States and Russia to Canada is moot. The individuals claimed that DOE...

The court reverses a district court decision and holds that the U.S. National Park Service (NPS) violated the National Environmental Policy Act when it implemented a vessel management plan (VMP) for the Glacier Bay National Park in Alaska without preparing an environmental impact statement (EIS). Th...

The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with the OSM alleging that a reclaimed surface mining site, which ha...

A district court dismissed two local water agencies' NEPA action against various federal and state regulatory agencies, water districts, and other interested parties involved in the development and environmental review of the Bay Delta Conservation Plan, a yet-to-be consummated collaborative approac...

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...