The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement simpl...

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its issuance of grazing authorizations on allotments in the Malheur National Forest. Environmental groups argued that the Service violated the National Forest Management Act (NFMA) when it failed to "analyze and sho...

The D.C. Circuit ordered the Federal Aviation Administration and the National Park Service to issue regulations for commercial sightseeing flights over 23 national parks. Nonprofit groups sought to compel the agencies to regulate air tours at seven parks where they had injured members, as required b...

A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company violated the CWA by failing to obtain an NPDES permit for its stormwater discharges after construction began...

A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in violation of the APA. EPA argued the exercise of its authority u...

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged into the Pacific Ocean meets this standard. Environmental groups ar...

A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters during construction of a light rail project, known as the Purple Line project, that would connect subur...

A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an existing residential subdivision in Virginia Beach. The group argued the issuance was arbitrary and capricious...

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...