The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') designation of critical habitat for the southern distinct population of green sturgeon, a threatened species. The rule designated approximately 11,421 square miles of marine habitat, 897 square miles of estuary habitat, and hun...

The Ninth Circuit granted in part and denied in part a petition challenging an NPDES permit authorizing oil and gas exploration facilities' discharge of 13 waste streams into the Beaufort Sea. The petition was filed by the Alaska Eskimo Whaling Commission, which represents Alaska Native villages tha...

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams. In 2004, FWS approved a habitat conservation plan that encompassed nearly 1.26 million acres and provided participating ...

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA. The EIS stated that the purpose and need for the tollroad is to accommodate an anticipated population boom. The purpos...

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles. In 2009, the Forest Service issued a...