The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...

The court upholds the Research and Special Programs Administration's (RSPA's) final emergency discharge control rule for cargo tank motor vehicles and its interpretation of the attendance regulation requiring an operator to be in attendance during the loading and unloading of cargo tanks. Gas compan...

The court holds that the U.S. Forest Service and the Bureau of Land Management (BLM) violated the Northwest Forest Plan and, hence, the Administrative Procedure Act (APA) by authorizing timber sales without first conducting surveys for certain species of wildlife. The court first holds that the envi...

The court denied gas producers' petition to review two Federal Energy Regulatory Commission (FERC) rulings concerning the producers' obligation to repay taxes improperly collected under Natural Gas Production Act (NGPA) §110, but remanded FERC's determination as to the starting date of the obligati...

The court holds that the Alaska mining commissioner permissibly nullified the mining rights acquired by a mining claims locator on state-selected federal lands. The court first holds that the commissioner did not err in finding that the locator was not qualified to conduct business in Alaska and, th...

The court reverses a district court summary judgment decision that ordered the owners of unpatented mill site claims in the Tonto National Forest in Arizona to remove themselves and all their things from the sites and to restore the sites to their natural condition. The government sought to evict th...

The court holds that a timber association lacks standing under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) to challenge the U.S. Forest Service's promulgation of an interim final rule that suspends road construction decisionmaking for 18 months in certa...

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

The court holds that a U.S. Forest Service regulation governing special use permits for gatherings of 75 people or more does not violate the U.S. Constitution. The court first holds that the regulation constitutes neither a facially invalid prior restraint nor a facially invalid time, place, or mann...

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized under the Surface Mining Control and Reclamation Act (SMCRA). The g...