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The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest Service land and resource management plan for the Wayne National Forest in Ohio was not ripe for review. This Article examines how this decision affects the rules for judicial review of national forest plans.

"Wrong on the Facts, Wrong on the Law": Civil Rights Advocates Excoriate EPA's Most Recent Title VI Misstep

Editors' Summary: The Select Steel decision marked the first administrative Title VI complaint that EPA decided on the merits. The complaint challenged the state of Michigan's decision to grant a permit to the Select Steel Corporation for a steel mini-mill in Flint, Michigan. EPA ruled that Michigan did not violate Title VI because the permit decision would have no adverse impact and, thus, no disproportionate impact, on the surrounding community. This Dialogue examines the background and context for the Select Steel decision.

The Riches of the Desert: Can the Bureau of Land Management Reject a Mining Operation Based on Historic and Cultural Concerns?

At first glance, the California Desert Conservation Area (CDCA) is a 25-million-acre expanse of sand dunes, brush lands, rock formations, and loneliness and desolation. However, a cursory look at the landscape belies the desert's significant historical, scenic, archeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources" that the U.S. Congress recognized when it dedicated the area in 1976.

Andritz Sprout-Bauer, Inc. v. Beazer E., Inc.

The court denies a landowner's motion for partial summary judgment on claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Pennsylvania Hazardous Sites Cleanup Act (PaHSCA) against a wire rope manufacturer that previously owned a portion of the cont...

South Dakota Mining Ass'n v. Lawrence County

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that miners' preemption claim against the county ordinance is ripe. The miners have shown a realistic danger of...

Kleissler v. U.S. Forest Serv.

The court holds that local school districts, municipalities, and timber companies may intervene as of right in litigation brought by plaintiff-environmentalists to restrict logging activities in the Allegheny National Forest in Pennsylvania. The court first notes that the parties do not dispute the ...

Seneca Meadows, Inc. v. ECI Liquidating, Inc.

The court holds that the owner of a contaminated landfill may only recover response costs from alleged generators of hazardous waste through a contribution action under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113. The court first holds that the owner of the l...

Blue Mountains Biodiversity Project v. Pence

The court upholds a U.S. Forest Service decision to allow a timber sale in the Malheur National Forest in Oregon. The Forest Service's decision allows the harvest of approximately 10.7-million-board feet of timber from approximately 3,560 acres, which includes 92 acres of conifers encroaching on asp...

Everett v. United States

The court upholds the U.S. Forest Service's denial of a special use permit to land a private helicopter on a parcel of the Sawtooth National Forest that abuts the permit applicant's vacation property in rural Idaho. The court first holds that the Forest Service reasonably interpreted 36 C.F.R. §251...

Blue Mountains Biodiversity Project v. Blackwood

The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...