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"Changed circumstances/new information" test

Holy Cross Neighborhood Ass'n v. U.S. Army Corps of Engineers

A district court enjoined the U.S. Army Corps of Engineers from continuing with its Industrial Canal Lock Replacement Project in New Orleans until it complies with NEPA and the CWA. The canal is a manmade waterway that provides...

North Slope Borough v. Minerals Management Serv.

The Ninth Circuit affirmed a lower court decision dismissing an Alaskan community's lawsuit against the Minerals Management Service (MMS) challenging its decision not to prepare a supplemental EIS for a proposed oil and gas lease sale...

Winthrop, Town of v. Federal Aviation Admin.

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the...

Idaho Sporting Congress v. Alexander

The court holds that a district court erroneously denied an environmental group's motion for a preliminary injunction to prevent the U.S. Forest Service from proceeding with certain timber sales in the Payette National Forest in Idaho....

Oregon Natural Resources Council Action v. U.S. Forest Serv.

The court holds that the U.S. Forest Service and the Bureau of Land Management (BLM) violated the Northwest Forest Plan and, hence, the Administrative Procedure Act (APA) by authorizing timber sales without first conducting surveys for...

South Trenton Residents Against 29 v. Federal Highway Admin.

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable....

Ausable Manistee Action Council, Inc. v. Stump

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a...

Portland Audubon Soc'y v. Babbitt

The court affirms a district court decision enjoining logging operations on the Bureau of Land Management (BLM) land containing owl habitat pending preparation of a supplemental environmental impact statement (EIS). The court first...

Sharps v. U.S. Forest Serv.

The court holds that the issuance of an October 1990 decision memo by the Fall River District Ranger, which implemented an August 1989 decision notice issued by the Forest Supervisor requiring consolidation of black-tailed prairie dog...

Sierra Club v. Marsh

The court holds that state and federal agencies involved in a proposed port project in Searsport, Maine, reasonably decided to restrict the analysis in an environmental impact statement (EIS) of secondary impacts from the project to...