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Orutsararmuit Native Council v. United States Army Corps of Engineers
The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...
Center for Biological Diversity v. United States Bureau of Land Management
The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...
Southern Utah Wilderness Alliance v. United States Department of the Interior
A district court reversed its prior dismissal of a challenge to four BLM leasing decisions concerning federal land in Utah. An environmental group had argued BLM violated NEPA and the ESA by failing to fully analyze the environmental, social, direct, indirect, and cumulative impacts of the lessees' ...
Seven County Infrastructure Coalition v. Eagle County, Colorado
The U.S. Supreme Court, 8-0, held that the D.C. Circuit failed to afford the Surface Transportation Board the substantial deference NEPA requires in a challenge to the Board's authorization of a new 88-mile rail line in the Uinta Basin, and that the court incorrectly interpreted NEPA to require the ...
A Treaty Right to Healthy Forests? Using Tribal Fishing Rights to Challenge Timber Sales
Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts owned and operated by the state of Washington violated tribal treaty rights to fish for salmonids at their “usual and accustomed” places.
North Cascades Conservation Council v. United States Forest Service
The Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service in a challenge to approval of a forest thinning project in Okanogan-Wenatchee National Forest. A conservation group argued the Service was required under NEPA to repeat the public comment process after a ...
Cascadia Wildlands v. Adcock
A district court granted environmental groups' motion for summary judgment in a challenge to BLM's approval of a commercial logging project on federal land in Oregon. The groups argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts and failing to prepare an EIS. The ...