I magine, on account of an economic downturn associated with massive defense spending, or a change in regulatory philosophy, or a pandemic, the U.S. Congress enacted legislation duly signed by the president to sell virtually all federal wild lands to the highest bidder without restriction. Would such action be constitutional?
A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by failing to request a species list from FWS and failing to prepare a b...
A district court denied a motion to preliminarily enjoin the Forest Service from constructing a recreation trail across private property located in the Sawtooth National Recreation Area. The property owners argued that construction of the trail required activities directly adjacent to designated cri...
A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups argued that the agreement, which DOI acknowledged represented a change in the agency's policy, failed to provi...
A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental groups challenged the IM and lease sales, arguing that they violated ...
In an unpublished opinion, the Ninth Circuit affirmed in part and dismissed in part a challenge to the Forest Service's decision to authorize logging in Idaho's Nez Perce-Clearwater National Forests. Environmental groups argued the decision violated the National Forest Management Act (NFMA) and the ...
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 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 ...