West Virginia State University Board of Governors v. Dow Chemical Co.
A district court granted a university board of governors' motion to remand to state court a lawsuit concerning groundwater contamination beneath university land from a nearby facility. The board filed suit in state court, arguing that the facility released volatile and semivolatile organic compounds...
Friends of Alaska National Wildlife Refuges v. Bernhardt
A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups argued that the agreement, which DOI acknowledged represented a change in the agency's policy, failed to provi...
Montana Wildlife Federation v. Bernhardt
A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental groups challenged the IM and lease sales, arguing that they violated ...
Friends of Rapid River v. Probert
In an unpublished opinion, the Ninth Circuit affirmed in part and dismissed in part a challenge to the Forest Service's decision to authorize logging in Idaho's Nez Perce-Clearwater National Forests. Environmental groups argued the decision violated the National Forest Management Act (NFMA) and the ...
Champions Retreat Golf Founders, LLC v. Commissioner of IRS
The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement simpl...
Oregon Natural Desert Ass'n v. United States Forest Service
The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its issuance of grazing authorizations on allotments in the Malheur National Forest. Environmental groups argued that the Service violated the National Forest Management Act (NFMA) when it failed to "analyze and sho...
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 ...