The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations. The case involves the Forest Serv...

A Michigan appellate court upheld the state environmental agency's concentrated animal feeding operation (CAFO) rule. The challenged rule falls within the scope of the agency's statutory rulemaking authority, is rationally related to the agency's statutory mandate to protect Michigan's waters from p...