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Tinicum Township v. United States Department of Transportation
The Third Circuit denied petitions for review under NEPA challenging the FAA's approval of an expansion project at the Philadelphia International Airport. The FAA prepared an EIS and conducted an air quality analysis to meet the overlapping requirements of NEPA and the CAA, and EPA submitted comment...
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...
Outfitter Properties, LLC v. Wildlife Conservation Board
A California appellate court affirmed a lower court decision denying a petition to vacate the state wildlife board's decision to pay $9.98 million from the California Habitat Conservation Fund to the U.S. Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project. The pe...
Colorado Environmental Coalition v. Salazar
A district court vacated and remanded BLM's resource management plan and EIS for the Roan Plateau Planning Area in Colorado. BLM considered a number of alternatives in its NEPA analysis, but ultimately decided to permit the leasing of 100% of the plateau for oil and gas drilling subject to vario...
Pacific Rivers Counsel v. United States Forest Service
The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which contained a 64-page detailed analysis of the environmental conseq...
Friends of Back Bay v. United States Army Corps of Engineers
The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach, Virginia. The Corps' EA, issued contemporaneously w...