The Ninth Circuit affirmed a lower court decision that the Federal Highway Administration's (FHwA's) EIS for a new ferry terminal and highway project through a national forest in Alaska violated NEPA. Improving ferry services using existing resources is a reasonable alternative for improving transpo...

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay, Massachusetts. In promulgating the rule, the Coast Guard used a standard environmental checklist that included prompts correspo...

A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...

A district court denied environmental groups' motion to preliminarily enjoin the BLM from authorizing the site clearing and construction of a wind energy facility in Spring Valley, Nevada. The groups are not likely to succeed on the merits of their claim that an EIS was required. The BLM's deci...

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...