The court upholds a forest management plan that the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) prepared for 24.5 million acres in Washington, Oregon, and northern California that are within the geographic range of the northern spotted owl. The court first hol...

The court holds that §24(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an individual's claim against a maufacturer of a wood-treatment product for strict liability for defective design, but may not prempts a claim for negligent manufacturing. The court first holds t...

The court vacates a district court preliminary injunction under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) barring the U.S. Forest Service from conducting even-aged management in any of the four national forests in Texas and from proceeding with nine t...

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA), the National Environmental Policy Act (NEPA), the Multiple-Use Sustained-Yield Act (MUSYA), or regulations thereunder in developing a management plan for the Nicolet National Forest in Wisconsin. ...

The court holds that the U.S. Forest Service's method of studying and providing for biological diversity in developing the forest management plan for the Chequamegon National Forest in Wisconsin did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act. The c...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), or regulations thereunder when it approved the land and resource management plans and the final environmental impact statements (EISs) for the Nicolet...

The court holds that an environmental group in a Clean Air Act (CAA) §304 citizen suit may use a facility's continuous emissions monitoring (CEM) data to establish that the facility has violated the Colorado state implementation plan's (SIP's) 20-percent opacity limit. The group sued the facility's...

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA), the Multiple-Use Sustained-Yield Act, or the National Environmental Policy Act (NEPA) in adopting its land and resource management plan and final environmental impact statement (FEIS) for the Wayn...

The court holds that two timber sales in the Black Hills National Forest do not violate the National Forest Management Act (NFMA) and that the U.S. Forest Service's environmental assessment (EA) for the sales is not arbitrary or capricious and does not violate the National Environmental Policy Act (...

The court holds that the U.S. Forest Service need not prepare a site-specific environmental impact statement (EIS) for two timber sales in the Victoria Project Area of the Black Hills National Forest in South Dakota. Environmental groups challenged the Forest Service's environmental assessment (EA) ...