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National Solid Wastes Management Ass'n v. City of Dallas

A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of waste...

Western Watersheds Project v. Ellis

The Ninth Circuit affirmed a lower court decision denying an environmental group attorney fees after it successfully challenged BLM's post-fire grazing decisions and authorizations in the Jarbridge Resource Area in Idaho. In 2004, an environmental group filed suit against BLM challenging its renewal...

Native Ecosystems Council v. Weldon

The Ninth Circuit held that the U.S. Forest Service complied with NEPA and the NFMA when it approved a fuels reduction project in the Lewis and Clark National Forest. The project involves understory thinning and burning to mitigate the risk of wildfire in the Middle Fork Judith Wilderness Study Area...

Earth Island Institute v. United States Forest Service

The Ninth Circuit held that the U.S. Forest Service's Angora Fire Restoration Project in the Lake Tahoe Basin Management Unit (LTBMU) complies with the National Forest Management Act (NFMA) and NEPA. Environmental groups argued that the NMFA required the Forest Service to demonstrate at the project ...

Impact Energy Resources, LLC v. Salazar

The Tenth Circuit upheld the DOI Secretary's decision to rescind 77 oil and gas leases on federal land around national parks in Utah. BLM auctioned the oil and gas leases to energy companies in late 2008 during the last weeks of the George W. Bush administration. After the auction but before the lea...

Minnesota v. BNSF Railway Co.

The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable under the Minnesota Environmental Response and Liability Act (MERLA). Although n...