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Land Use

Sierra Club v. United States Department of the Interior

The Fourth Circuit vacated both an incidental take statement issued by FWS and a right-of-way permit issued by the National Park Service (NPS) for construction of a natural gas pipeline that intersects the Blue Ridge Parkway....

Sierra Club, Inc. v. United States Forest Service

The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Bitterroot Ridge Runners Snowmobile Club v. United States Forest Service

A district court granted in part and denied in part outdoor groups' motion for summary judgment seeking injunctive relief from the U.S. Forest Service's Travel Plan for the Bitterroot National Forest (Travel Plan), which prohibits...

Gorsline v. Board of Supervisors of Fairfield Township

Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and...

National Parks Conservation Ass'n v. Semonite

A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "...

Banks v. United States

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-...

Center for Biological Diversity v. Zinke

A district court dismissed an environmental group's lawsuit challenging the constitutionality of the Congressional Review Act (CRA), under which Congress recently passed a resolution disapproving an FWS rule that prohibited certain...

Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of a Native American tribe in a lawsuit seeking to enjoin the DOI's Bureau of Indian Affairs (BIA) from taking a parcel of land into trust for the tribe so it...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

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