The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

The court holds that various federal agencies violated the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) in their preparations of biological assessments (BAs), biological opinions (BOs), and environmental impact statements (EIS) with respect to the survival of the Son...

A district court upheld the FWS's determination that sport-hunted polar bear trophies may no longer be imported into the United States under the Marine Mammals Protection Act (MMPA) as of the effective date of the ESA listing rule for the species. In May 2008, the FWS determined threatened status fo...

A district court held that the FWS violated NEPA, but not the ESA, when it issued a special rule that specifies the protective mechanisms that apply to the polar bear as a result of its threatened status. In May 2008, the FWS listed the polar bear as threatened under the ESA. The Service then issued...

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements for the project's pipeline to cross land at a FERC-licensed hydr...

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS), concerning the impact of any possible future mining activity in ...

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health and safety, does not violate the Government in the Sunshine Act....

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under the First Amendment. The court first holds that the proper standar...

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due Process Clause of the U.S. Constitution when it issued a certificate ...

The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) challenging actions by the U.S. Forest Service to protect the red-...