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Mukilteo v. U.S. Department of Transportation

The Ninth Circuit denied a petition challenging the FAA's decision that no EIS was necessary to commence operating commercial passenger service at an industrial airport near Everett, Washington. The FAA prepared an EA, but chose not to prepare an EIS following its finding of no significant environme...

Sierra Club de Puerto Rico v. Environmental Protection Agency

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company a PSD permit to build a waste incinerator in Arecibo, Puerto Ric...

Idaho Wool Growers v. Vilsack

The Ninth Circuit upheld the U.S. Forest Service's decision to close to domestic sheep grazing approximately 70% of allotments on which grazing had been permitted in the Payette National Forest in Idaho. The Forest Service's decision was made in response to concerns about disease transmission to imm...

Friends of Tahoe Forest Access v. United States Department of Agriculture

The Ninth Circuit, in an unpublished opinion, upheld the U.S. Forest Service's decision to allow motorized vehicles on just 62 of 869 miles of user-created roads and trails in the Tahoe National Forest. To implement the 2005 Travel Management Rule in the Tahoe National Forest, the Forest Service pre...

Arizona v. U.S. Environmental Protection Agency

The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First, EPA did not act arbitrarily and capriciously when it disapprove...