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South Fork Band v. Department of the Interior

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 ...

Lee's Summit, Mo. v. Surface Transp. Bd.

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...

Churchill County v. Norton

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...

Hoyl v. Babbitt

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...

Citizen Advocacy Ctr. v. DuPage Airport Auth.

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...

Auburn, City of v. United States

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...

Foundation for Horses & Other Animals v. Babbitt

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...

Hughes River Watershed Conservancy v. Johnson

The court holds that the U.S. Army Corps of Engineers' and the Natural Resources Conservation Service's decision to construct a dam on the Hughes River in West Virginia complied with the National Environmental Policy Act (NEPA). In a prior decision, the court directed the agencies to take a hard loo...

Goshen Rd. Envtl. Action Team v. Department of Agric.

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...