The court vacates and remands to state court a district court's remand of a removed case asserting environmental claims. Individuals filed suit in state court against a local authority concerning improvements to a bridge. The state court removed the case to federal district court, and the district c...

The court affirms a lower court decision dismissing nonprofit organizations' National Environmental Policy Act (NEPA), National Forest Mangement Act (NFMA), and Federal Land Policy and Management Act (FLPMA) claims against the U.S. Fish and Wildlife Service and the Bureau of Land Management in conne...

A court preliminarily enjoins the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) from formally issuing a proposed plan identifying remedial action to take place at the Moses Lake Well Field Contamination site in Moses Lake, Washington, until they provide ...

The court holds that the U.S. Forest Service's (Forest Service's) decision to permit logging in critical old growth forest and post-fire habitats in the Lolo National Forest is arbitrary and capricious. The Forest Service's decision to permit commercial logging in old growth forest stands as a form ...

The court holds that the U.S. Forest Service wrongfully denied environmental groups' request for a waiver of fees in connection with their procurement of geospatial information systems (GIS) data records under the Freedom of Information Act (FOIA). Although 7 U.S.C. §1387 allows the Secretary o...

The court upholds the grant of summary judgment in favor of a motion picture company that was sued by an environmental advocacy group because it used the group's "Earth Protector" trademark in a movie. There is no likelihood of confusion between the group's trademark and the company's use of the ter...

The court upholds the dismissal of real estate developers' illegal exaction and Fifth Amendment compensation claims. The developers relied on the U.S. Army Corps of Engineers' (the Corps') 1988 wetlands delineation in purchasing the 470-acre plot at issue. Due to public controversy, however, the del...

The court upholds a lower court decision finding a company liable for response costs incurred at a former mining and processing operation in Libby, Montana, ordering the company to pay $54.53 million in reimbursement, including $11.32 million in indirect costs, and granting a declaratory judgment th...

A court preliminarily enjoins the U.S. Army Corps of Engineers (Corps) from issuing any new project authorizations under "SAJ-86," a regional general permit that contemplates development of 48,150 acres in Northwest Florida, as well as any construction that is occurring or is about to occur as a res...

The court upholds in part and vacates in part the U.S. Environmental Protection Agency's (EPA's) decision not to object to operating permits issued to coal-fired power generation plants in New York. The New York environmental agency's prior determinations that the plants were in violation of the Cle...