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Citizens for Better Forestry v. Department of Agric.

A district court held that the USDA's 2008 National Forest System land management planning rule violates NEPA and the ESA. Although the USDA prepared an EIS prior to promulgating the 2008 rule, the EIS does not actually analyze the environmental effects of implementing the rule. Instead, the EIS rep...

Montanans for Multiple Use v. Barbouletos

The D.C. Circuit upheld the dismissal of land rights groups' complaint against the U.S. Forest Service in which they challenged its management of the Flathead National Forest in northwest Montana. The groups want more of the forest to be made available for timbering and recreational activities. But ...

Washington Envtl. Council v. Mount Baker-Snoqualamie Nat'l Forest

A district court held that environmental groups' CWA lawsuit against the U.S. Forest Service for discharging pollutants at a former mining area in Washington’s Mt. Baker-Snoqualamie National Forest is a "challenge" to the Service's cleanup efforts at the site, and, therefore, is jurisdictional...

Friends of the Everglades v. South Fla. Water Management Dist.

The Eleventh Circuit held that a water district may pump polluted canal water into Florida's Lake Okeechobee without an NPDES permit. It is undisputed that the agricultural and industrial runoff in the canals contain "pollutants," that the lake and the canals are "navigable waters," and that the thr...

Ohio Valley Envtl. Coalition v. Aracoma Coal Co.

The Fourth Circuit denied an environmental group's petition for rehearing on a prior court decision in which it reversed and vacated a district court order rescinding four U.S. Army Corps of Engineers permits allowing the filling of stream waters in conjunction with mountaintop mining operations in ...

United States v. Cinergy Corp.

A district court ordered an energy company to shut down three generating units at its Wabash River power plant in Indiana and to pay a $687,500 penalty for CAA violations. The company violated the CAA's new source review provisions when it unreasonably failed to expect a net increase of 40 tons or m...

Grand Canyon Trust v. U.S. Bureau of Reclamation

A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that found that the selected operating system—modified low flu...

San Luis & Delta-Mendota Water Auth. v. Salazar

A district court preliminarily enjoined FWS from restricting river flows in the Sacramento-San Joaquin Delta for purposes of protecting the threatened Delta smelt. Water districts filed suit under NEPA and the ESA challenging FWS' 2008 biological opinion for the Central Valley Project (CVP). The opi...

Tuscon Herpetological Soc'y v. Salazar

The Ninth Circuit reversed and remanded a lower court decision upholding the U.S. Department of the Interior's (DOI's) decision to remove the flat-tailed horned lizard from its proposed list of threatened species under the Endangered Species Act (ESA). The administrative record does not support DOI'...