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Sierra Club v. United States Army Corps of Engineers

The D.C. Circuit upheld the dismissal of an environmental group's NEPA and CWA claims against the U.S. government in connection with a 593-mile oil pipeline that runs from Illinois to Oklahoma on both public and private lands. Despite the group's claims to the contrary, the government was not requir...

Defenders of Wildlife v. United States Forest Service

A district court held that the U.S. Forest Service violated NEPA when it categorically excluded from environmental review a mining company's proposed mineral exploration plan in the Coronado National Forest. The Forest Service categorically excluded the project because it concluded that the project ...

Cascadia Wildlands v. Bureau of Indian Affairs

The Ninth Circuit upheld the Bureau of Indian Affairs' (BIA's) approval of a Native American tribe's plan to harvest 268 acres of timber in the Coquille Forest in southwest Oregon. An environmental group challenged the approval, arguing that BIA failed to adequately consider the cumulative environme...

Gunpowder Riverkeeper v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied an environmental group's petition for review challenging FERC's decision to issue a natural gas pipeline operator a certificate of public convenience and necessity to extend a natural gas pipeline in Maryland. The group argued that FERC's issuance of the conditional certifica...

Openlands v. United States Department of Transportation

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA. The EIS stated that the purpose and need for the tollroad is to accommodate an anticipated population boom. The purpos...

WildEarth Guardians v. Montana Snowmobile Ass'n

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles. In 2009, the Forest Service issued a...

National Ass'n of Home Builders v. United States Fish & Wildlife Service

The D.C. Circuit held that building and development associations lacked standing to challenge consent decrees that require FWS to determine, in accordance with a settlement-defined schedule, whether 251 species should be listed as endangered or threatened under the ESA. The case arose after environm...

National Ass'n of Home Builders v. Environmental Protection Agency

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court previously held in a si...