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Delaware Dept. of Natural Resources & Environmental Control v. U.S. Army Corps of Engineers
The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps' 2009 EA was neither arbitrary nor capricious. The Corps complied with the procedural requirements prescribed ...
League of Wilderness Defenders v. United States Forest Service
A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and the w...
United States v. CB & I Constructors, Inc.,
The Ninth Circuit upheld a jury's award of $28.8 million in intangible environmental damages for harm caused by a wildfire negligently caused by a construction company that burned roughly 18,000 acres of the Angeles National Forest in Southern California. The company did not contest its liabil...