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Land Use

Montana Wildlife Federation v. Bernhardt

A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental...

Friends of Rapid River v. Probert

In an unpublished opinion, the Ninth Circuit affirmed in part and dismissed in part a challenge to the Forest Service's decision to authorize logging in Idaho's Nez Perce-Clearwater National Forests. Environmental groups argued the...

Champions Retreat Golf Founders, LLC v. Commissioner of IRS

The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found...

Public Employees for Environmental Responsibility

The D.C. Circuit ordered the Federal Aviation Administration and the National Park Service to issue regulations for commercial sightseeing flights over 23 national parks. Nonprofit groups sought to compel the agencies to regulate air...

Oregon Natural Desert Ass'n v. United States Forest Service

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its issuance of grazing authorizations on allotments in the Malheur National Forest. Environmental groups argued that the Service violated the National...

American Wild Horse Campaign v. Bernhardt

A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land...

BNSF Railway Co. v. Clark County

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and...

Narragansett Indian Tribal Historic Preservation Office v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed a Native American tribe's petition to review a FERC order denying the tribe's motion to intervene in the Commission's proceeding over construction of a natural gas pipeline in Massachusetts. The tribe argued...

American Anti-Vivisection Society v. United States Department of Agriculture

The D.C. Circuit held that USDA's failure to issue animal welfare standards to protect birds pursuant to the Animal Welfare Act (AWA) violated the APA. Animal rights groups argued that USDA's longstanding failure to promulgate standards...

Massachusetts Lobstermen's Ass'n v. Ross

The D.C. Circuit affirmed a district court decision that upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts Marine National Monument off the New England coast. Commercial fishing associations argued...

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