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Categorical exemption

Sierra Club v. United States Forest Service

A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,100-mile pipeline through the Huron-...

Defenders of Wildlife v. United States Forest Service

A district court held that the U.S. Forest Service violated NEPA when it categorically excluded from environmental review a mining company's proposed mineral exploration plan in the Coronado National Forest. The Forest Service...

Western Energy Alliance v. Salazar

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would...

United States v. Coalition for Buzzards Bay

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state...

Wong v. Bush

The Ninth Circuit affirmed a lower court decision that the U.S. Coast Guard (Coast Guard) did not violate appellants' First Amendment rights or the National Environmental Policy Act (NEPA) when it established safety zones insulating a...

Colorado Wild v. U.S. Forest Serv.

The court upholds the U.S. Forest Service's decision allowing the salvage of dead and/or dying trees on up to 250 acres to proceed without the preparation of an environmental impact statement or environmental assessment. The methodology...

West v. Secretary of the Dep't of Transp.

The court holds that the Federal Highway Administration's (FHwA's) use of a documented categorical exclusion (DCE) for a two-stage highway interchange project in DuPont, Washington, was arbitrary and capricious and was not in compliance...

RESTORE: The N. Woods v. Department of Agric.

The court holds that a proposed land exchange between a ski resort operator and the U.S. Forest Service falls under the purview of the National Environmental Policy Act (NEPA) and does not qualify for a categorical exclusion. The court...