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Environmental assessment (EA)

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...

Amigos Bravos v. United States Bureau of Land Management,

A district court denied environmental groups' petition for review challenging BLM's and the U.S. Forest Service's approval of several oil and gas lease sales in the San Juan Basin of northern New Mexico. The groups, who were concerned...

Te-Moak Tribe of W. Shoshone of Nev. v. Department of the Interior

The Ninth Circuit held that the BLM violated NEPA when it approved a mining company's amendment to a plan of operations for an existing mineral exploration project in Nevada. The BLM took a hard look at the direct impacts of the...

Greater Yellowstone Coalition v. Tidwell

The Tenth Circuit upheld a lower court decision denying a petition for review of the U.S. Forest Service's determination not to undertake an EA of certain elk feedgrounds located on federal lands in Wyoming. Each winter the state of...

Missouri Coalition for the Env't v. Federal Energy Regulatory Comm'n

The Eighth Circuit denied a petition for review of a Federal Energy Regulatory Commission (FERC) order authorizing the reconstruction of the Taum Sauk Pumped Storage Project, a hydroelectric generating plant in the Missouri Ozarks. In...

National Wildlife Fed'n v. Schaefer

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing...

Trout Unlimited v. Lohn

A district court held that National Oceanic and Atmospheric Administration-Fisheries (NOAA-Fisheries) did not violate the National Environmental Policy Act (NEPA) when it chose not to prepare an environmental impact statement (EIS) or...

Oregon Natural Resources Council v. BLM

The court held that the Bureau of Land Management’s (BLM’s) environmental assessment (EA) for a logging project in Oregon violated the National Environmental Policy Act and that the lower court erred in dismissing the case...