A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental groups challenged the IM and lease sales, arguing that they violated ...
In an unpublished opinion, the Ninth Circuit affirmed in part and dismissed in part a challenge to the Forest Service's decision to authorize logging in Idaho's Nez Perce-Clearwater National Forests. Environmental groups argued the decision violated the National Forest Management Act (NFMA) and the ...
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.
The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement simpl...