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Maple Drive Farms Ltd. Partnership v. Vilsack

The Sixth Circuit held that USDA failed to comply with its own regulations when it determined a farm was ineligible for program benefits under the "Swampbuster" provisions of the Food Security Act of 1985. USDA determined the farm was ineligible for benefits because it converted two acres of wetland...

Pine Creek Watershed Ass'n v. United States Environmental Protection Agency

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage systems to satisfy the state's antidegradation requirements. An environmental group claimed the amendmen...

Florida Wildlife Federation v. McCarthy

A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard. States retain discretion to enact and to enforce—without EPA’s review and approval...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters, would have no more than minimal environmental effects under NEPA an...

Big Thorne Project

A district court upheld the U.S. Forest Service's approval of the Big Thorne Project in the Tongass National Forest, thereby allowing the logging of approximately 6,186 acres of old growth forest and construction of 46.1 miles of new Forest Service roads to begin on April 1, 2015. Environmental grou...

Oregon Wild v. Bureau of Land Management

A district court held that BLM violated NEPA and the APA when it authorized a logging project in an area of Douglas County, Oregon, that provides habitat for the northern spotted owl. In its EA for the project, which would effectively remove 160 acres of mature forest, BLM failed to consider a reaso...