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Louisiana State v. United States Army Corps of Engineers

The Fifth Circuit reversed a lower court decision that the U.S. Army Corps of Engineers must bear all the costs of deauthorizing the Mississippi River-Gulf Outlet (MR-GO), instead holding that the Corps' cost-sharing formula with the state of Louisiana was reasonable. The Corps has completed buildin...

Center for Biological Diversity v. Bureau of Land Management

The Ninth Circuit upheld BLM's proposal to expand access for off-road vehicle use in the Imperial Sand Dunes Special Recreation Management Area. The Dunes, located in California, are home to two threatened species: the desert tortoise and the Peirson's milkvetch. Under the proposed plan, a 26,098-ac...

Idaho Conservation League v. Lannom

A district court held that the U.S. Forest Service violated NEPA, the Wilderness Act, and the National Forest Management Act (NFMA) in connection with its decision to allow drilling, road reconstruction, and the use of motorized vehicles and heavy equipment at the Golden Hand Mine in the Frank Churc...

Property Reserve v. Superior Court of San Joaquin County

The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to acquire for construction of two new tunnels to deliver fresh water f...

Borcik v. Crosby Tugs, LLC

The Fifth Circuit, in an unpublished opinion, directed the Louisiana Supreme Court to define the meaning of "good faith" as it pertains to an underlying whistleblower suit. A deckhand working for a tugboat company alleged he was repeatedly ordered to dump oil and otherwise violate environmental laws...

Elazar v. Macrietta Cleaners, Inc.

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs belonged to the dry cleaner next door to the plaintiffs' shop, the ta...

Idaho Conservation League v. U.S. Forest Service

A district court held that the U.S. Forest Service violated NEPA in connection with its approval of the "CuMo" project, a five-year mining exploration project located within the Boise National Forest in Idaho. The Forest Service failed to take a hard look at the project's impacts on the Sacajawea’...

Akiachak Native Community v. United States Department of the Interior

The D.C. Circuit held that Alaska may not block any efforts by the United States to take tribal land into trust within Alaskan state borders. In 1971, the United States settled land claims staked by descendants of Alaskan aboriginal tribes. DOI interpreted that settlement as barring it from taking l...