A district court granted in part and denied in part summary judgment for a conservation group in a challenge to the National Park Service's (NPS') delayed implementation of a marine reserve zone and commercial fishing phaseout in Biscayne National Park in Florida. The group argued NPS violated the A...
A district court denied outdoor recreation groups' request to halt implementation of BLM's 2023 travel management plan (TMP) closing over 300 miles of routes previously available for off-highway vehicle use on public lands within the Labyrinth/Gemini Bridges Travel Management Area in Utah. The group...
A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...
In an en banc decision, the Ninth Circuit, 6-5, affirmed a district court order denying a tribal group's motion for preliminary injunction against the U.S. government's transfer of federal land within Tonto National Forest to a mining company. The land is a site of spiritual value to the Western Apa...
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.
The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.
In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.
A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argu...
A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a grazing project in the Apache-Sitgreaves and Gila National Forests. The groups argued the Service violated NEPA by failing to take a "hard look" at impacts on Mexican gray w...
This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen