The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...
The Ninth Circuit affirmed, 2-1, a district court's denial of a Native American group's motion to preliminarily enjoin a land exchange and prevent copper mining on land in Arizona. The group argued the land exchange violated the Religious Freedom Restoration Act (RFRA), the Free Exercise Clause, and...
The United States currently does not have capacity to recycle its waste domestically, nor can it export the amount of waste it once did. Many states are trying to solve this crisis through novel legislation, but states cannot solve this crisis on their own. This Article argues that the federal government should take the lead in developing new law and policy designed to increase national recycling rates.
President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance.
The Ninth Circuit affirmed summary judgment for FWS in a challenge to its 2016 Kenai Rule, which banned baiting of brown bears in the Kenai National Wildlife Refuge and hunting of coyotes, lynx, and wolves in a specific wildlife recreation area. The state of Alaska and a hunting group argued the rul...
A district court denied environmental groups' motion for a temporary restraining order in a challenge to BLM's authorization of livestock grazing on pastures containing research natural areas (RNAs). The groups argued BLM's regulations required fencing to be installed to section off the RNAs so they...
On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.
A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM's issuance of a 2018 instruction memorandum on greater sage grouse conservation and and subsequent oil and gas lease sales in Nevada and Wyoming. Environmental groups argued the lease sales confl...
The Ninth Circuit, 2-1, reversed a district court ruling that set aside a land exchange agreement between the Secretary of the Interior and an Alaska Native village company that wished to build a road through Izembek National Wildlife Refuge to allow access to a nearby city. The district court had h...
A district court denied summary judgment for landowners in Idaho who sought to halt construction of a public recreational trail across their ranch. The landowners argued the Forest Service violated the ESA by failing to complete §7 consultation with FWS; the CWA by failing to disclose the nature of...