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Discussion of, held inadequate

Western Watersheds Project v. Schneider

A district court preliminarily enjoined BLM from implementing its 2019 amendments to plans for oil and gas permitting and licensing on greater sage-grouse habitat in seven states. Environmental groups argued that the six EISs that BLM...

Applications of Enbridge Energy, Limited Partnership, for a Certificate of Need and Routing Permit for the Proposed Line 3 Replacement Project in Minnesota From the North Dakota Border to the Wisconsin Border

A state appellate court reversed the Minnesota Public Utilities Commission's determination that the final EIS for a proposed pipeline replacement project was adequate. Environmental groups argued the final EIS failed to address...

Western Watersheds Project v. Grimm

The Ninth Circuit reversed a dismissal of a lawsuit brought by conservation groups to enjoin USDA from killing gray wolves in Idaho pending additional NEPA analysis. The groups argued before the district court that the agency violated...

Wilderness Workshop v. United States Bureau of Land Management

A district court granted in part environmental groups' request for judicial review of BLM's resource management plan (RMP) for an area in the Colorado River Valley. The groups argued that the agency failed to consider the severity and...

Audubon Society of Portland v. United States Army Corps of Engineers

A district court upheld the U.S. Army Corps of Engineers' and FWS' management plan, EIS, and associated permits authorizing the “take,” or killing, of double-crested cormorants in the Columbia River estuary, even though the agencies...

Openlands v. United States Department of Transportation

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA. The EIS stated that the purpose and need for the...

High Country Conservation Advocates v. United States Forest Service

A district court vacated the government's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley and enjoined the intervening mining companies from proceeding with the project until the...

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton

The Ninth Circuit affirmed in part and reversed in part a lower court decision denying environmental groups’ motion to preliminarily enjoin a logging project in the Whitman-Wallowa National Forest in northeast Oregon. The lower court...

Pacific Rivers Counsel v. United States Forest Service

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which...

Pacific Rivers Council v. United States Forest Service

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which...