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American Farm Bureau Federation v. United States Environmental Protection Agency
A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated because EPA lacked authority under the CWA to issue the TMDL, the ...
Wyoming v. United States Forest Service
The Tenth Circuit, in a 120-page opinion, reversed a lower court decision setting aside and permanently enjoining the U.S. Forest Service's Roadless Area Conservation Rule. In setting aside the rule, the lower court held that the Service violated the Wilderness Act of 1964 and NEPA. But the Wilderne...
Kettle Range Conservation Group v. U.S. Forest Serv.
The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by classifying certain units of a proposed timber sale as roaded. Because the Forest Service considers the challenged units as roaded, the studies and research that formed the basis for the envi...
Newton County Wildlife Ass'n v. U.S. Forest Serv.
The court affirms a district court's orders denying environmental groups' motions to enjoin timber sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The court first holds that the district court properly denied the environmental groups' motions to ...
Oxy USA, Inc. v. Babbitt
The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that transportation costs are not deductible under the royalty provisions o...
Fener v. Hunt
The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...
Western Radio Servs. Co. v. Glickman
The court upholds the U.S. Forest Service's decision to grant a cellular phone company a special use permit for a telecommunications facility on Dead Indian Mountain in the Fremont National Forest, Oregon. The court first holds that the Forest Service's decision to grant the permit was not arbitrary...