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Cobell v. Norton

The court affirms a district court holding that the U.S. Department of the Interior (DOI) breached its fiduciary duties to Individual Indian Money (IIM) trust account beneficiaries and, therefore, must conduct an accurate accounting. The Indian Reorganization Act of 1934 returned to tribal ownership...

Southwest Williamson County Community Ass'n v. Slater

The court affirms the dismissal of a community association's motion for a preliminary injunction to halt the construction of a 4-lane, 77-mile highway around Nashville, Tennessee. Although the highway has been exclusively funded by the state, the association argued that the federal government failed...

Kootenai Tribe of Idaho v. Veneman

The court enjoins the U.S. Forest Service from implementing all aspects of the Roadless Area Conservation Rule, which prohibits construction of roads on presently roadless areas in the national forests. The court first holds that the federal government has committed to amendments to its environmenta...

Friends of Richards-Gebaur Airport v. Federal Aviation Admin.

The court denies petitions to review the Federal Aviation Administration's (FAA's) decisions to categorically exclude the closure of a Missouri city's airport from the National Environmental Policy Act's (NEPA's) environmental assessment (EA) requirement and to release the city's federal obligation ...

National Mining Ass'n v. Department of the Interior

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued tha...

Brower v. Evans

The court holds that the Secretary of Commerce abused his discretion and acted in contrivance of the law when he issued a finding that triggered a change in the dolphin-safe label standard for tuna sold in the United States. Through the International Dolphin Conservation Program Act (IDCPA), Congres...

Geerston Seed Farms v. Johanns

The Ninth Circuit upheld a lower court order enjoining the future planting of disputed genetically engineered alfalfa seed pending the U.S. Animal and Plant Health Inspection Service's completion of an enivironmental impact statement. The district court applied the traditional balancing test, and no...

Wong v. Bush

The Ninth Circuit affirmed a lower court decision that the U.S. Coast Guard (Coast Guard) did not violate appellants' First Amendment rights or the National Environmental Policy Act (NEPA) when it established safety zones insulating a private "super ferry" in Hawaii from blockade by local protesters...

Missouri Coalition for the Env't v. Federal Energy Regulatory Comm'n

The Eighth Circuit denied a petition for review of a Federal Energy Regulatory Commission (FERC) order authorizing the reconstruction of the Taum Sauk Pumped Storage Project, a hydroelectric generating plant in the Missouri Ozarks. In 2005, the upper reservoir of the project collapsed, and the opera...

Albany Eng'g Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit reversed and remanded a Federal Energy Regulatory Commission (FERC) order allowing states to regulate the reimbursement of "headwater benefits" from downstream hydropower plants to upstream dam operators. To enable upstream firms to recoup part of the cost of conferring headwater be...