The Ninth Circuit held that the U.S. Forest Service exceeded the scope of its authority under the Federal Lands Recreation Enhancement Act by charging fees to those who drive to Mount Lemmon, park their cars, and then picnic, hike, or camp in nearby undeveloped areas. The Act authorizes the Forest S...

A district court granted an environmental group's motion for reconsideration and overturned its previous decision upholding the DOI's "Counterpart ESA §7 Consultation Regulations" for National Fire Plan (NFP) projects. The government's rationale for proposing the rule in the first instance was ...

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...

A district court denied a corporation's motion to freeze the assets of Ecuadorian plaintiffs and to prevent them from collecting the proceeds of a multibillion dollar judgment in an underlying case involving environmental contamination in the Amazon rainforest. The corporation filed its motion f...

The Ninth Circuit remanded the U.S. Forest Service's 2006 travel management plan for the Gallatin National Forest. The Montana Wilderness Study Act of 1977 requires the Service to ensure that current users of a wilderness study area are able to enjoy the wilderness character of the area as it existe...

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...

The court holds that the presumption against extraterritorial application of statutes does not apply where the conduct regulated by the statute occurs primarily, if not exclusively, in the United States, and the alleged extraterritorial effect of the statute will be felt in Antarctica, and remands f...

The court upholds a Court of International Trade (CIT) decision denying an animal rights group's request to issue a writ of mandamus directing the U.S. president to impose import restrictions on Italy for violating the Driftnet Fishing Act, and denying their request for an order requiring the Secret...

The Federal Circuit held that conservation groups lack standing to pursue their Endangered Species Act (ESA) §9 claim against various federal agencies and officials for failing to enforce a ban on importing endangered and threatened fish but that they may have standing to challenge the agencies...

The U.S. Supreme Court held that the Tariff Act's antidumping duties on foreign merchandise sold in the United States at less than its fair value apply to imports of low enriched uranium obtained by domestic utilities in return for cash and unenriched uranium delivered to a foreign enricher. Section...