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Public Employees for Environmental Responsibility

The D.C. Circuit ordered the Federal Aviation Administration and the National Park Service to issue regulations for commercial sightseeing flights over 23 national parks. Nonprofit groups sought to compel the agencies to regulate air tours at seven parks where they had injured members, as required b...

Waterkeeper Alliance v. Wheeler

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...

BNSF Railway Co. v. Clark County

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...

American Wild Horse Campaign v. Bernhardt

A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land use plan that determined the area would not be managed for wild ho...

Massachusetts Lobstermen's Ass'n v. Ross

The D.C. Circuit affirmed a district court decision that upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts Marine National Monument off the New England coast. Commercial fishing associations argued the monument exceeded the president's authority under the Antiq...

Friends of the Rapid River v. Probert

A district court denied environmental groups' motion for summary judgment in a lawsuit concerning the Forest Service's plan for harvesting timber on 2,500 acres in the Nez Perce-Clearwater National Forest. The groups argued that the Service exceeded its statutory authority under the Healthy Forest R...

American Forest Resource Council v. Hammond

A district court granted summary judgment to timber industry groups in a challenge to President Obama's designation of approximately 40,000 acres of federal timber land (O&C land) as part of the Cascade-Siskiyou National Monument. The groups argued that the proclamation violated the Oregon and C...