Categorical exemption

A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area. The…

A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,…

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…

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a…

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…

The Ninth Circuit affirmed a lower court decision that the U.S. Coast Guard (Coast Guard) did not violate appellants' First Amendment rights or the National Environmental Policy Act (NEPA)…

The court upholds the U.S. Forest Service's decision allowing the salvage of dead and/or dying trees on up to 250 acres to proceed without the preparation of an environmental impact statement…