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Concerned Citizens of Nebraska v. NRC

In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...

Ka Makani 'O Kohala Ohana Inc. v. Water Supply, Dep't of, County of Haw.

The court affirms a district court decision that the U.S. Geological Survey's (USGS') and U.S. Department of Housing and Urban Development's (HUD's) participation in a Hawaii Department of Water Supply (DWS) transmission project did not constitute a major federal action that triggered the National E...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has standing to challenge the Secretary's failure to comply with NEP...

Brenham Community Protective Ass'n v. Department of Agric.

The court holds that the Farmer's Home Administration (FmHA) did not act arbitrarily or capriciously when it issued a finding of no significant impact (FONSI) based on an environmental assessment (EA) regarding authorization of a loan for the construction of a federally assisted apartment complex fo...

Carmel-by-the-Sea, City of v. Department of Transp.

The court holds that most of the final environmental impact statement (EIS) for a proposed highway realignment through Hatton Canyon near Carmel-by-the-Sea in California satisfies the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The court then address...

Churchill County v. Babbitt

The court holds that a city and county have standing to challenge the U.S. Department of the Interior (DOI) for implementing a water rights acquisition plan in Nevada before preparing a programmatic environmental impact statement (PEIS). The court first holds that the National Environmental Policy A...

Russell County Sportsmen v. United States Forest Service

The Ninth Circuit reversed a lower court decision invalidating the U.S. Forest Service's 2007 travel management plan for parts of the Lewis and Clark National Forest. Nothing in the Montana Wilderness Study Act of 1977, which requires the Service to manage a wilderness study area so as to "maintain"...