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Western Watersheds Project v. Wyoming

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of statutes that prohibited individuals from entering “open land fo...

Barnes v. FAA

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway. Since...

Herr v. Forest Service

The Sixth Circuit held that the Forest Service's rules regarding recreational boating on Crooked Lake in Michigan's Sylvania Wilderness exceeded the agency's power as applied to private property owners. Congress gave the Forest Service authority to regulate any use of Crooked Lake and nearby lakes �...

Friends of the Eel River v. North Coast Railroad Authority

The California Supreme Court held that the state Environmental Quality Act (CEQA) was not preempted by federal law. The North Coast Railroad Authority (NCRA) undertook a project to update and repair railroad tracks that run across the Eel and Russian Rivers and restore freight operation in the areas...