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Environmental assessment (EA)

Pacific Coast Federation of Fishermen's Ass'ns v. United States Department of Interior

The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision dismissing fishermen's NEPA claims against the Bureau of Reclamation in connection with its approval of eight interim two-year...

WildEarth Guardians v. Office of Surface Mining

A district court held that OSM violated NEPA when it approved a mining plan amendment that would expand a coal mine in Montana, and ordered the agency to prepare an updated EA within 240 days. Specifically, the court held that OSM...

WildEarth Guardians v. United States Office of Surface Mining, Reclamation, and Enforcement,

A district court held that OSM violated NEPA when it approved the expansion of two Colorado mines. The court agreed with environmental groups that OSM violated NEPA by failing to seek public involvement during the review process and by...

Klein v. United States Department of Energy

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to...

Kentucky Riverkeeper, Inc. v. Rowlette

The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An...

Center for Biological Diversity v. Bureau of Land Management

A district court held that BLM violated NEPA when it sold four oil and gas leases on approximately 2,700 acres of federal land in Monterey and Fresno counties without considering impacts from hydraulic fracturing. The leases are located...

Bair v. Caltrans,

A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet...

Tri-Valley CAREs v. U.S. Department of Energy

The Ninth Circuit held that DOE's environmental assessment of a prospective "biosafety level-3" facility at the Lawrence Livermore National Laboratory complied with NEPA. DOE took the requisite "hard look" at the threat of a direct...

Polar Bear Endangered Species Act Listing

A district court held that the FWS violated NEPA, but not the ESA, when it issued a special rule that specifies the protective mechanisms that apply to the polar bear as a result of its threatened status. In May 2008, the FWS listed...

Center for Environmental Law & Policy v. United States Bureau of Reclamation,

The Ninth Circuit held that the U.S. Bureau of Reclamation took the requisite "hard look" under NEPA in its analysis of a proposed incremental drawdown of water from Lake Roosevelt in Washington state. Although a portion of the EA...