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Jersey City v. Consolidated Rail Corp.

The D.C. Circuit held that a city has standing to challenge a railroad company's sale of a historic elevated railroad embankment to developers. The city argued that the sale was void because the company failed to obtain approval from the Surface Transportation Board (STB) to abandon the property...

Defenders of Wildlife v. Salazar

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 ...

Citizens for Smart Growth v. Department of Transportation

The Eleventh Circuit held that the Federal Highway Administration (FHwA) did not violate NEPA or §4 of the DOT Act in its planning and development of a bridge project in Florida. A citizens group argued that the FHwA improperly relied on a state agency's Feasibility Study and Corridor Report wh...

Pacific Rivers Council 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...