Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement
A district court held that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) did not violate NEPA or the ESA when it accepted over 300 bids for oil and gas drilling in the Gulf of Mexico following the Deepwater Horizon disaster. An environmental group argued that the ag...
Bair v. Caltrans,
A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...
North Carolina Wildlife Federation v. North Carolina Department of Transportation
The Fourth Circuit held that the Federal Highway Administration and the North Carolina Department of Transportation violated NEPA when they approved the construction of a 20-mile toll road. In calculating the "no-build" baseline as part of their alternatives analysis, the agencies relied on data...
Scarborough Citizens Protecting Resources v. U.S. Fish & Wildlife Service
The First Circuit upheld the dismissal of a citizen group's lawsuit against the FWS in a suit concerning Maine's conveyance of easements on a recreational trail purchased with federal funds. The Wildlife Restoration Act, enacted in 1937, authorizes the Secretary of the Interior to disburse money...
Center for Environmental Law & Policy v. United States Bureau of Reclamation,
The Ninth Circuit held that the U.S. Bureau of Reclamation took the requisite "hard look" under NEPA in its analysis of a proposed incremental drawdown of water from Lake Roosevelt in Washington state. Although a portion of the EA exclusively devoted to cumulative effects is conclusory and unenl...
Wyoming v. United States Department of Interior
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, ...
Save the Peaks Coalition v. United States Forest Service
The Ninth Circuit held that the U.S. Forest Service did not violate NEPA when it allowed a ski resort operator to make artificial snow with reclaimed water. The lower court erred in holding that the suit was barred by laches. Although the plaintiffs lacked diligence in pursuing their claims, a l...