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National Environmental Policy Act (NEPA)

Idaho Conservation League v. U.S. Forest Service

A district court vacated an EA and FONSI issued by the Forest Service approving a mining company to explore for gold on public lands near the Idaho-Montana border. Environmental groups previously argued before the court that the Forest...

NEPA’s Trajectory: Our Waning Environmental Charter From Nixon to Trump?

Heralded in 1970 as the nation’s environmental Magna Carta, the National Environmental Policy Act’s (NEPA’s) luster seems faded and its future uncertain. While Trump Administration initiatives threaten to diminish further and perhaps...

WildEarth Guardians v. U.S. Bureau of Land Management

A district court vacated 287 oil and gas leases that BLM issued on 145,000 acres of federal land in Montana. Environmental groups argued that the agency violated NEPA by failing to consider the leases' impacts on groundwater from...

Gulf Restoration Network v. Bernhardt

A district court granted summary judgment to the Bureau of Ocean Energy Management (BOEM) in a challenge to the agency's decision to hold oil and gas lease sales in the Gulf of Mexico. Environmental groups argued that BOEM failed to...

Bark v. United States Forest Service

In an unpublished opinion, the Ninth Circuit held that the U.S. Forest Service's decision not to prepare an EIS for a tree-thinning project in Mount Hood National Forest was arbitrary and capricious. A district court concluded that the...

Navigating NEPA 50 Years Later: The Future Of NEPA

The National Environmental Policy Act (NEPA) plays a crucial role in the authorization and approval of more development projects than any other federal law. Proponents believe NEPA protects communities and the environment from...

The Trump Card: Tarnishing Planning, Democracy, and the Environment

One of the most important and transformative mechanisms the U.S. Congress has ever created to protect the environment is under assault from the Donald Trump Administration. The National Environmental Policy Act (NEPA) ushered in the...

California v. Bureau of Land Management

A district court upheld BLM's rule that repealed a 2015 rule regulating hydraulic fracturing operations on federal and tribal lands. California argued that BLM's rationale that the 2015 rule was duplicative of state and tribal...

Food & Water Watch v. United States Department of Agriculture

A district court denied summary judgment to an environmental group in a challenge to the USDA Farm Service Agency's (FSA's) EA for a loan guarantee to construct and operate a poultry concentrated animal feeding operation (CAFO) in...

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

A district court held that the U.S. Army Corps of Engineers must prepare an EIS for the Dakota Access Pipeline that runs from North Dakota to Illinois. Native American tribes argued that the Corps failed to comply with a previous court...

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