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 issued a temporary restraining order enjoining the shipment of Hawaiian garbage to a landfill located on lands ceded by the Yakama Nation in Washington State near the Columbia River. There are serious questions as to whether the USDA adequately analyzed the environmental impacts of ...
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 vacates and remands a district court's order issued after an Endangered Species Act case brought by an environmental group against a lumber company had been declared moot. The district court granted the lumber company's motion to dismiss the case as moot but then issued an opinion outlinin...
The court grants Illinois' request to remand to state court its case against the U.S. Department of the Army (Army) for improperly releasing pollutants from its Joliet Army Ammunition Plant into waste streams and outfalls that ultimately ended up in Prairie Creek, a tributary of the Kankakee River. ...
The court affirms a district court decision that municipal liens placed on individuals' property did not constitute a taking or violate the individuals' due process rights. In 1992, and again in 1993, a town imposed municipal liens on the property for municipal improvement. In 1999, the individuals ...
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 reverses a district court decision holding that an environmental group's claims against the U.S. Department of Energy (DOE) for failing to comply with the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA) before issuing a road easement are not ripe. Although DOE ...
A court dismisses two consolidated appeals that pertain to the construction and development of an interstate natural gas storage facility in New York. The first appeal was brought by the project developer who was concerned about the possible preclusive effect of the lower court's dismissal of a citi...