A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and the w...

The Ninth Circuit upheld a jury's award of $28.8 million in intangible environmental damages for harm caused by a wildfire negligently caused by a construction company that burned roughly 18,000 acres of the Angeles National Forest in Southern California. The company did not contest its liabil...

A Minnesota appellate court reversed a lower court decision permanently enjoining the construction of a 450-foot wireless-communications tower outside of the Boundary Waters Canoe Area Wilderness (BWCAW), a 1.1 million-acre wilderness area composed of federal and state lands in northeastern Minn...

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which contained a 64-page detailed analysis of the environmental conseq...

The Ninth Circuit upheld the constitutionality of Hawaii's regulation of commercial weddings on the state's unencumbered beaches in all respects but one. A pastor and wedding planning companies filed suit against the state's Department of Land and Natural Resources (DLNR) alleging that its permit re...

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...

The D.C. Circuit upheld a lower court decision dismissing an environmental group's action challenging FWS' and the National Park Service's plan for managing elk and bison populations in the National Elk Refuge and Grand Teton National Park. Part of this plan includes ending the longstanding agen...

The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long held that landowners have ownership in oil and gas beneath their ...

The Tenth Circuit dismissed petitions challenging National Park Service (NPS) rules governing snowmobile use in the Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller Jr. Memorial Parkway. Petitioners, which included Wyoming, snowmobile associations, and a county, ...

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds passed to Montana when it became a state in 1889 and awarded alm...