The court affirms a district court dismissal of a Native American tribe's National Historic Preservation Act (NHPA) claim against the state of New York, but vacates and remands the district court's dismissal of the tribe's First Amendment claim against the state. The tribe claimed that the state vio...

The court holds that the United States Forest Service violated the National Environmental Policy Act (NEPA) in conducting a road construction project and related timber sales in the Kootenai National Forest in Montana, and the Endangered Species Act's (ESA's) 60-day notice provision is jurisdictiona...

The court holds that the U.S. Environmental Protection Agency's (EPA's) failure to follow the Administrative Procedure Act (APA) notice-and-comment procedures in 5 U.S.C. §553 when it amended the Toxic Substances Control Act regulation for the continued use of polychlorinated biphenyl (PCB)-contami...

The Tenth Circuit affirmed in part and reversed in part a lower court's decision in a challenge to a natural gas pipeline company's expired easement on tribal land. The pipeline company appealed the district court's granting of summary judgment to tribal members on their trespass claims, arguing tha...

A district court ruled unconstitutional an Iowa statute that criminalized undercover investigations of slaughterhouses and other animal facilities. Environmental groups argued that the state statute impermissibly restricted their free speech under the First Amendment because it was a content- and vi...

A district court granted an environmental group's motion for partial summary judgment against EPA for failure to respond to the group's FOIA requests. The group argued that the Agency violated FOIA by not making a determination whether to comply with the group's four FOIA requests within 20 business...

An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change. Plaintiff children had sought declaratory relief for the state's failure to take sufficient steps to protect its public trust resources fr...

A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant to the Act's citizen suit provision, that EPA and the U.S. Army...

In an unpublished opinion, a district court granted a pipeline company eminent domain rights to properties in New Jersey for construction of a natural gas pipeline. Property owners argued that the company's application to immediately access and possess their properties was improper because it failed...

In an unpublished opinion, the D.C. Circuit dismissed a town's petition to review FERC's issuance of a certificate of public convenience and necessity under the Natural Gas Act authorizing upgrades to two natural gas pipelines. The town argued that the Commission violated the Act by approving a proj...