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Decision not to prepare

Applications for a Supplemental Environmental Impact Statement for the Proposed NorthMet Project

In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' decision denying a request for the preparation of a supplemental EIS for a proposed copper-nickel-platinum group elements mine....

Black Warrior Riverkeeper v. Alabama Department of Transportation

A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against the Alabama Department of Transportation, the U.S. Army Corps of Engineers, and the Federal Highway Administration in connection with a...

Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement

A district court held that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) did not violate NEPA or the ESA when it accepted over 300 bids for oil and gas drilling in the Gulf of Mexico...

Russell County Sportsmen v. United States Forest Service

The Ninth Circuit reversed a lower court decision invalidating the U.S. Forest Service's 2007 travel management plan for parts of the Lewis and Clark National Forest. Nothing in the Montana Wilderness Study Act of 1977, which...

Missouri v. Corps of Eng'rs

The Eighth Circuit held that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it implemented certain revisions to the operational document for the Missouri River Mainstem Reservoir...

North Slope Borough v. Minerals Management Serv.

A district court dismissed a lawsuit filed by Alaska native groups seeking to rescind certain oil and gas leases issued by the Minerals Management Service (MMS) in 2007. The MMS prepared an EIS in 2003 for lease sales that were to occur...

The "Action-Forcing" Requirements of NEPA and Ongoing Actions of the Federal Government

The U.S. Supreme Court most properly held in Marsh v. Oregon Natural Resources Council that it would be "incongruous" if "blinders to adverse environmental effects, once unequivocally removed, [were] restored prior to the...

Friends of the Clearwater v. Dombeck

The court holds that although the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it failed to prepare a supplemental environmental impact statement (SEIS) necessary for certain timber sales in the Nez...

Davis v. Latschar

The court affirms a district court grant of summary judgment to the National Park Service on the grounds that the Park Service's deer management program in Gettysburg National Military Park and Eisenhower National Historic Site does not...

Airport Impact Relief, Inc. v. Wykle

The court holds that the Federal Highway Administration (FHwA) did not violate the National Environmental Policy Act (NEPA) when it approved revised plans for the construction of an airport highway without conducting a supplemental...