The court holds that the Federal Highway Administration's (FHwA's) approval of a highway project in West Virginia violated the Department of Transportation Act §4(f) historic sites review requirement. The court first holds that the plain language of §4(f)'s regulations, 23 C.F.R. §771.135(b) and ...

The court holds that the U.S. Forest Service complied with the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) when it issued a permit to a Colorado ski resort for the expansion of a ski area within the White River National Forest. The court first holds that ne...

The court holds that although the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it failed to prepare a supplemental environmental impact statement (SEIS) necessary for certain timber sales in the Nez Perce National Forest in Idaho, the Forest Service's subsequent pre...

A district court largely denied a tribe's motions for summary judgment on claims that the BLM violated NEPA and FLPMA in approving a gold mining and processing operation on and around Mt. Tenabo in Lander County, Nevada. The Ninth Circuit already issued a preliminary injunction requiring the BLM to ...

The court denies two Missouri cities' petition to review the Surface Transportation Board's approval of restoration train service over an unused 278-mile railroad line without performing an environmental assessment (EA) under the National Environmental Policy Act.
The cities argued that the propose...

The court affirms a district court holding that the U.S. Fish and Wildlife Service's (FWS') failure to prepare a programmatic environmental impact statement (EIS) before approving land and water rights purchases under §206 of the Truckee-Carson Pyramid Lake Water Rights Settlement Act (Settlement A...

The court upholds a district court's order affirming the Bureau of Land Management's (BLM's) denial of plaintiff-appellant's request for a coal lease suspension pursuant to §39 of the Mineral Leasing Act. The court first holds that the district court's decision affirming BLM's denial of a §39 susp...

The court dismisses an organization's challenge to a county airport's runway extension for lack of subject matter jurisdiction. The court first holds that the county had no duty to hold a public hearing under 49 U.S.C. §47106(c)(1)(A), which requires the Secretary of Transportation to hold a public...

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...