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Air Quality
January 2006: Third District Rules Air Quality and Alternatives Analysis In EIR/EA for Proposed Hotel, Casino and Highway Interchange Project Inadequate County of El Dorado v. California Department of Transportation, et al. 133 Cal.App.4th 1376 (3rd Dist. 2005)
March 2003: New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review Public Citizen v. Department of Transportation ___F.3d___, Case Nos. 0270986, 02-71249 (9th Cir. Jan. 16, 2003).
July 2002: Ninth Circuit Denies Request for an Emergency Request to Bar Mexican Trucks on U.S. Highways. Public Citizen, et al. v. Department of Transportation ___F.3d___, Case Nos. 02-70986, 02-71249 (9th Cir., May 2, 2002); related to Public Citizen, et al. v. Department of Transportation, ___F.Supp.2d___, Case No. CV-02-2115 (N. D. Cal. May 2, 2002)
All American Canal
June 2007: Court of Appeals: Ninth Circuit Holds Federal Legislation Exempts All-American Canal-Lining Project from Environmental Review Consejo de Desarrollo Economico de Mexical v. U.S., ___F.3d___ 06-16345 (9th Cir. April 6, 2007)
Animal Grazing
May 2010: Ninth Circuit Invalidates Forest Service’s Approval of Grazing Allotments under NEPA Due to Nonexistent MIS and Failure to Take a ‘Hard Look’ at the Project Native Ecosystems Council v. Tidwell, ___F.3d___ 06-35890 (9th Cir. March 9, 2010)
December 2002: Ninth Circuit Upholds Permanent Injunction Imposing Interim Conditions and Timetable for BLM to Comply with NEPA Prior to Issuing New Grazing Permits in Idaho Idaho Watersheds Project et al. v. Hahn et al. 307 F.3d 815 (9th Cir. Sept. 24, 2002).
Arbitrary and Capricious Standard of Review
May 2010: Ninth Circuit Clarifies ‘Arbitrary and Capricious’ Standard for Management of Forest System Lands under the Forest Management Act and NEPA Native Ecosystems Council v. Tidwell, ___F.3d___ 06-35890 (9th Cir. March 9, 2010)
Archeological and Historic Sites
October 2003: No Good Deed Goes Unpunished—Questioning the Constitutionality of Sacred Site Preservation Laws
Biological Opinions
November 2009: U.S. District Court Judge Wanger Holds Hearing on Challenges to the Delta Smelt Biological Opinion San Luis Delta-Mendota Water Authority v. Salazar 1:09-CV-407 (E.D. Cal)
Clean Water Act
August 2009: News from the West
October 2007: Federal District Court in Florida Follows Up Its Prior Decision by Enjoining Some Corps Permitted Limestone Mining Sierra Club v. Strock 495 F.Supp.2d 1188 (S.D. Fla. 2007)
April 2006: Environmental Groups Sue to Halt Dredging and Filling along the Santa Clara River Wishtoyo Foundation/Ventura Coastkeeper et al. v. U.S. Army Corps of Engineers CV06-0881, filed Feb. 14, 2006 (C.D. Cal.)
July 2002: Ninth Circuit Finds that Army Corps of Engineers Acted within the Confines of NEPA in Not Preparing an EIS in Connection with Oregon Reservoir Tillamook County v. U.S. Army Corps. of Engineers 288 F.3d 1140, (9th Cir. 2002)
Climate Change Impacts
June 2010: New Bill Would Bar Climate Change Analysis from NEPA Reviews
Council for Environmental Quality
July 2008: Climate Change, NEPA, Mini-NEPA’s, and the California Environmental Quality Act—Works in Progress
Cumulative Impacts Analysis
February 2008: Ninth Circuit Finds Forest Service Violated NEPA by Failing to Properly Assess Significance of Hazardous Fuels Reduction Categorical Exclusion Sierra Club v. Bosworth, ___F.3d___ 05-16989 (9th Cir. Dec. 5, 2007)
January 2005: Ninth Circuit Finds the BLM’s Environmental Assessments of Timber Harvest Plans Failed to Adequately Consider Cumulative Impacts Klamath Siskiyou Wildlands Center v. U.S. Bureau of Land Management et al. 387 F.3d 989 (9th Cir. 2004)
EIS Tiering
February 2009: Ninth Circuit Holds That an Environmental Impact Statement May Not Tier to a Non-NEPA Document League of Wilderness Defenders/Blue Mountains Biodiversity Project v. U.S. Forest Service, ___F.3d___ 06-35780 (9th Cir. Dec. 11, 2008)
'Emergency Alternative Arrangements'
March 2008: Presidential Proclamation Exempting Navy Sonar From NEPA/Coastal Act Invalidated for Failure to Show ‘Emergency’ Circumstances Natural Resources Defense Council, et al. v. Winter, et al., ___F.Supp.2d___ 8:07-cv-00335-FMC-FMOx (C.D. Cal. Feb. 4, 2008)
Environmental Assessments
May 2010: Ninth Circuit Invalidates Forest Service’s Approval of Grazing Allotments under NEPA Due to Nonexistent MIS and Failure to Take a ‘Hard Look’ at the Project Native Ecosystems Council v. Tidwell, ___F.3d___ 06-35890 (9th Cir. March 9, 2010)
August 2009: Draft Environmental Assessment Released for San Joaquin River Restoration Program Interim Flows Project
February 2008: Ninth Circuit Upholds Army Corps Dredge and Fill Permit for Mining Project despite Large-Scale Wetlands Fill Resulting from Project Bering Strait Citizens for Responsible Resource Development v. U.S. Army Corps of Engineers, ___F.3d___ 07-35506 (9th Cir. Jan. 3, 2007)
January 2007: Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact Pit River Tribe, et al. v. U.S. Forest Service, et al. ___F.3d___ 04-15746 (9th Cir. Nov. 6, 2006)
January 2004: New Adventures in Project Cumulative Impact Assessments
October 2002: Placing of Land in Trust Does Not Automatically Void Williamson Act Contract Sherwood Valley Rancheria v. Friends of East Willits Valley ___Cal.App.4th___,Case No.AO94872 (1st Dist.Aug.14,2002).
Environmental Impact Statements
August 2010: Tenth Circuit finds BLM Complied with NEPA When It Refused to Study a Phased Development Proposal as a Project Alternative Biodiversity Conservation Alliance v. U.S. Bureau of Land Management, ___F.3d___ 09-8011 (10th Cir. June 18, 2010)
August 2010: U.S. Supreme Court Reverses Injunctions That Prohibited Deregulation and Planting of Genetically Modified Seeds Monsanto Company v. Geertson Seed Farms, ___U.S.___ 09-475 (June 21, 2010)
July 2010: Ninth Circuit Validates Agency Findings Approving Business Park’s Impact on Wetlands and Endangered Species Butte Environmental Council v. U.S. Army Corps of Engineers, ___F.3d___ 09-15363 (9th Cir. June 1, 2010)
May 2010: Contra Costa Water District Board Approves Los Vaqueros Reservoir Expansion
April 2010: Citizen Groups File Lawsuit Challenging Construction of Sunrise Powerlink Transmission Line Project in Imperial Valley and San Diego County
March 2010: Eleventh Circuit Holds Army Corps Abused Its Discretion in Granting CWA Permits for Limestone Mining within the Lake Belt Aquifer Sierra Club v. Van Antwerp, ___F.3d___ 09-10877 (11th Cir. Jan. 21, 2010)
February 2010: Second Circuit Upholds Nuclear Regulatory Commission’s Ruling Finding Low Fire Risk for Spent Fuel Storage State of New York v. U.S. Nuclear Regulatory Commission, ___F.3d___ 08-3903, 08-4833, 08-5571 (2nd Cir. Dec. 21, 2009)
January 2010: Five Environmental Organizations File Suit against the U.S. Army Corps Challenging Its Notice to Proceed on the Delaware River Deepening Project Delaware Riverkeeper Network v. U.S. Army Corps of Engineers 3:2009cv05889, filed Nov. 19, 2009 (D. N.J.)
June 2009: Ninth Circuit Holds Army Corps Improperly Determined the Scope of NEPA Analysis of Environmental Impacts Related to CWA 404 Permit to Fill Desert Washes White Tanks Concerned Citizens, Inc. v. Strock, ___F.3d___ 07-15659 (9th Cir. April 29, 2009)
June 2009: Delta Water Agencies File Action Challenging Potential Delta Conveyance System
April 2009: U.S. Bureau of Land Management Issues a ROD and Amendment of Resource Management Plans for Geothermal Leasing in the Western United States
February 2009: Ninth Circuit Holds That an Environmental Impact Statement May Not Tier to a Non-NEPA Document League of Wilderness Defenders/Blue Mountains Biodiversity Project v. U.S. Forest Service, ___F.3d___ 06-35780 (9th Cir. Dec. 11, 2008)
January 2009: Shell’s Plans for Oil Exploration Off the Artic National Wildlife Refuge Temporarily Thwarted By Adverse Ninth Circuit Decision Alaska Wilderness League, et al. v. Kempthorne, et al., ___F.3d___ 07-71457, 07-71989, 07-72183, DOI No. 2007-152 (9th Cir. Nov. 20, 2008)
January 2009: Supreme Court Finds Balancing of Equities and Consideration of Overall Public Interest Justified Dismissing Injunction Banning the Navy’s Use of MFA Sonar Natural Resource Defense Council, Inc. v. Winter, ___U.S.___ 07-1239, (U.S. Nov. 12, 2008)
October 2008: Coalition of Seven Environmental Groups Files Lawsuit against United States Challenging Forest Plans for Four Southern California Forests Center for Biological Diversity, et al. v. U.S. Department of Agriculture, et al. 3:08-CV-03884 (N.D. Cal.), filed Aug. 14, 2008
October 2008: Ninth Circuit Overrules Legal Precedent and Offers Greater Deference under Forest Management Act and NEPA to U.S. Forest Service Lands Council v. McNair, ___F.3d___ 07-35000 ((th Cir. July 2, 2008)
July 2008: National Parks Service’s Comprehensive Management Plan for Merced River once again Deemed Inadequate Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024 (9th Cir. 2008)
July 2008: Environmental Groups File Challenge to Department of Energy’s Tax Credit Allocation to Coal Based Energy Projects Appalachian Voices, et al., vs. Bodman, et al. 1:2008cv00380, filed, March 3, 2008 (D. D.C.)
June 2008: D.C. Circuit Confirms Federal Energy Regulatory Commission Acted Reasonably under Clean Water Act/NEPA Regarding Discharge Pipe and Seawall Duncan’s Point Lot Owners Association Inc. v. Federal Energy Regulatory Commission, ___F.3d___ 05-1421, 06-1157, 06-1325, (D.C. Cir. April 15, 2008)
June 2008: Environmental Organizations Challenge U.S. Forest Service’s Renewal of Grazing Permits in California Western Watersheds Project, et al. v. U.S. Forest Service 3:08-cv-01460-PJH, filed March 14, 2008 (N.D. Cal)
June 2008: National Parks Service’s Comprehensive Management Plan for Merced River Once Again Deemed Inadequate Friends of Yosemite Valley v. Kempthorne 520 F.3d 1024 (9th Cir. 2008)
May 2008: California Department of Water Resources Initiates Environmental Review for Bay Delta Conservation Plan
May 2008: Federal Waters, Navy Noise and the Reach of National Security
March 2008: Truckee River Operating Agreement Final EIS/EIR Finds No Significant Impact
January 2008: FERC Staff Recommend Retaining Four Controversial Dams on the Klamath Hydroelectric Project
January 2008: U.S. Bureau of Reclamation Issues Final EIS for Colorado River Interim Guidelines for Lower Basin Shortages and Operations for Lakes Powell and Mead
January 2008: Corps Issues Final Environmental Impact Statement Proposing to Construct Controversial ‘Yazoo Pumps’ Project in Mississippi Delta
November 2007: District Court Finds Army Corps of Engineers’ Recent Mississippi Levee Project Failed to Comply with Clean Water Act Environmental Defense v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 04-1575 (D. D.C. Sept. 13, 2007)
August 2007: District Court Finds Corps’ Failure to Conduct EIS Not Fatal to Its Issuance of Wetlands Dredge and Fill Permit Friends of Magurrewock, Inc., the U.S. Army Corps of Engineers, ___F.Supp.2d___ CV-07-48-BW (D. Me July 11, 2007)
February 2007: Federal District Court Denies Preliminary Injunction Barring Road Construction and Dredge and Fill in Wetlands Area, Finding No Arbitrary Decision-Making by Army Corps Northwest Bypass Group v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 6–CV–00258-JAW (D. N.H. Jan. 5, 2007)
February 2007: Public Comment Period Ends as U.S. Army Corps of Engineers Floats Its New Lake Lanier Plan
November 2006: FERC Klamath Hydropower Relicensing: Administrative Law Judge Ruling May Result in Fish Ladders or Affect Future of Dams In the Matter of Klamath Hydroelectric Project (License Applicant PacifiCorp.) 2006-NMFS-0001
November 2006: Federal District Court Rejects U.S-Colorado Compromise Regarding Federal Reserved Water Rights for Gunnison National Park’s Black Canyon
April 2006: District Court Temporarily Halts Intertie Project to Link Delta Canals Planning and Conservation League v. U.S. Bureau of Reclamation C 05-3527 CW (N.D. Cal. Feb. 15, 2006)
February 2006: Scripps Research Facility Project in Florida Delayed by Environmental Issues Related to Coastal Development Florida Wildlife Federation v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 05-CV-80339, (S.D. Fla. Sept. 30, 2005); injunction issued Nov. 10, 2005; injunction clarified Nov. 21, 2005
December 2005: Third District Court Holds Bay-Delta Programmatic Environmental Impact Statement/Report Legally Insufficient In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, ___Cal.App.4th___ 4152, (3rd Dist. Oct. 7, 2005)
November 2005: Ball, Strike or Balk? Public Accountablity and Judicial Restraint in In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings
November 2005: District Court in California Rules Revised Natomas Basin Habitat Conservation Plan Satisfies the Endangered Species Act National Wildlife Federation, et al., v. Norton, ___F.Supp.2d___ Civ. No. S. 04-570-DFL-JFM (E.D. Cal. Sept. 8, 2005)
September 2005: Fifth Circuit Allows Dredge and Fill Permit for Construction of Ship Terminal at Bayport Shipping Channel Off Galveston Bay City of Shoreacres v. Waterworth, ___F.3d___ 04-20527 (5th Cir. Aug. 8, 2005)
May 2005: Injunction to Prevent Timber Sale in Wisconsin Granted by Federal Court due to Forest Service’s Failure to Adequately Assess Cumulative Impacts Habitat Education Center, Inc. v. Bosworth, ___F.Supp.2d__ 04-C-0254 (E.D. Wis. March 31, 2005)
August 2004: San Joaquin River Exchange Contractors Water Transfer Program Draft EIS/EIR Available for Public Review.
August 2004: Plan to Restore Flows in the Trinity River Survives Challenge, with Implications for Rivers and Streams Throughout the West Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004)
July 2004: Freeport Regional Water Authority Certifies Environmental Impact Report for Freeport Regional Water Project.
June 2004: Ninth Circuit Halts Implementation of the Merced Wild and Scenic River Comprehensive Management Plan Friends of Yosemite Valley v. Norton F.3d___, Case No. 04-15682 (9th Cir. Apr. 20, 2004).
June 2004: U.S. District Court Rejects the Forest Service's Issuance of Special-Use Permits Without  Bypass Flow Requirements Trout Unlimited v. U.S. Department of Agriculture, et al., ___F.Supp.2d___  96-WY2686-WD (D. Colo. April 30, 2004).
March 2004: Ninth Circuit Overturns Fish and Wildlife Service’s Decision to Grant Special Use Permit for Salmon Enhancement Project as a Prohibited Commercial Enterprise under the Wilderness Act The Wilderness Society, et al. v. U.S. Fish and Wildlife Service ___ F.3d ___, Case No. 01-35266 (9th Cir. Dec. 30, 2003).
March 2004: New Mexico: Endangered Species Act Issues Impacting Water Supply
March 2004: Freeport Regional Water Project Dispute Resolved State Water Contractors, et al. v. East Bay Muni. Water Dist.; Kern County Water Agency et al., v. U.S. Dept. of Interior, et al., Case No. CO42652 (Cal. App. 3rd Dist.); and Case No. CIV-F-03-5175 REC SMS (E.D. Cal.)
March 2004: Colorado: Endangered Species Act Issues Impacting Water Supply
February 2004: Fifth Circuit Affirms Finding of No Significant Impact under NEPA for Texas Gasoline Pipeline Spiller v. White ___F.3d___, Case No. 02-50956 (5th Cir. Dec. 12, 2003).
January 2004: Ninth Circuit Finds U.S. Forest Service Violated the National Environmental Policy Act by Not Disclosing Responsible Scientific Opposition in Final EIS for Forest Management Plan Center for Biological Diversity, et al. v. U.S. Forest Service, et al. ___F.3d ___, (9th Cir. Nov. 18, 2003).
January 2004: Ninth Circuit Reverses District Court Ruling Related to Implementation of the Star Fire Restoration Plan Earth Island Institute v. U.S. Forest Service ___F.3d___, Case No, 02-16999 (9th Cir. Dec. 11, 2003).
November 2003: Ninth Circuit Concludes that CalFed’s Programmatic Environmental Analysis Is Ripe for Review Laub v. U.S. Dept of the Interior ___F.3d___, Case No. 02-15104 (9th Cir. Sept. 8, 2003).
October 2003: Freeport Regional Water Authority Releases Draft Environmental Impact Statement/Environmental Impact Report for Freeport Regional Water Project
October 2003: Ninth Circuit Upholds Agencies’ Findings that a New Access Road to Timber Harvest Site Will Not Jeopardize or Significantly Impact Grizzly Bear Population Selkirk Conservation Alliance, et al. v. Forsgren, et al. 336 F.3d 944, Case No. 02-35635 (9th Cir. 2003).
January 2003: Ninth Circuit Orders U.S. Forest Service to Obtain NPDES Permit and Perform Supplemental Environmental Impact Statement League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Forsgren 309 F.3d 1181 (9th Cir. Nov. 4, 2002).
December 2002: U.S. Bureau of Reclamation Releases Draft EIS on New Mexico's Navajo Dam and Reservoir Operations
August 2002: New Mexico ESA Litigation Update: Parties Appeal District Court Decision Concerning the Middle Rio Grande Valley and the Silvery Minnow. RGSM v. Keys, ___F.Supp.2d___, Case No. 99-CV0130 (D. N.M. Apr. 19, 2002).
June 2002: Trinity River Dispute Continues: Motions for Summary Judgment to Be Considered in July Westlands Water District, et al. v. U.S. Dept. of the Interior, et a., Case No. CIV F00-7124 OWW DBL (E.D. Cal.)
May 2002: Ninth Circuit Orders BLM, Pursuant to NEPA, to Take a Harder Look at the Impacts of Fungus on the Port Orford Cedar Kern et al. v. United States Bureau of Land Management et al. ___F.3d___, Case No. 99-35254 (9th Cir. March 22, 2002).
December 2001: Ninth Circuit Upholds Environmental Impact Statement for Gas and Oil Drilling Project Off the North Coast of Alaska Edwardsen v. United States Department of the Interior ___F.3d___, Case No. 99-71397 (9th Cir. Sept. 26, 2001).
November 2001: Ninth Circuit Finds Plaintiff Met Standing Requirements to Assert NEPA Claim; Examines Plaintiff's Cumulative Impact Arguments under NEPA Hall v. Norton ___F.3d___, Case No. 99-16153 (9th Cir. Sept. 12, 2001).
June 2001: Judge Slows Implementation of Last-Minute Clinton Administration ROD for Increased Trinity River Flows Westlands Water District, et al. v. U.S. Dept. of the Interior, et al. ___F.Supp.2d___, Case No.Civ.F 00-7124 OWW DLB,order(E. D. Cal. March 22, 2001).
May 2001: Birdwatcher Group has Standing to Challenge the Adequacy of the Navys Environmental Impact Statement Under NEPA, but not Standing to Bring State Law Claims in Federal Court Cantrell et.al. v. City of Long Beach and California State Lands Commission, ___F.3d___, Case No. 98-56940; CV-98-04835 (9th Cir. Feb. 5, 2001).
February 2001: Historic Property Owners Have Standing to Enforce Terms of MOA for Federally Funded Housing Project Against San Francisco, but not Against HUD or the Project Developers Tyler v. Cuomo ___F.3d___,2000 WL 1838967 (9th Cir. Dec. 15, 2000)
February 2001: Federal/California: U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service Issue Record of Decision on CVPIA Programmatic Environmental Impact Statement
February 2001: U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service Issue Record of Decision on CVPIA Programmatic Environmental Impact Statement
January 2001: Agencies Release Final Environmental Impact Statement/Report for the Trinity River Fishery Restoration Plan
Executive Land Use Permits
December 2009: District Court Finds Presidential Permit for U.S.-Canada Oil Pipeline Not Subject to Judicial Review Natural Resources Defense Council, Inc. v. U.S. Department of State ___F.Supp.2d___ 08-1363 (RJL) (D. D.C. 2009)
Federal Discretionary Action
June 2010: ‘Section 408’—Practical Implications and Case Studies (Part II)
Feral Animals
March 2008: Ninth Circuit Denies Appeal Challenging Government Approach to Feral Animal Population as Moot Feldman v. Bomar, ___F.3d___ 07 C.D.O.S. 269 (9th Cir. Jan. 10, 2008)
Finding of No Significant Impacts
March 2010: News from the West
November 2006: District Court Holds Commuter Line Cannot Be Derailed by Citizen Group’s Challenge to Corps’ Issuance of Clean Water Act Fill Permit Advocates for Transportation Alternatives v. U.S. Corps of Army Engineers, ___F.Supp.2d___ 05-1724 (D. Ma. Sept. 29, 2006)
November 2006: U.S. Army Corps of Engineers Implements Upper Savannah River Drought Management Plan
October 2006: Fifth Circuit Upholds Corps of Engineers’ Decision on Louisiana’s Buffalo Cove Pilot Project Louisiana Crawfish Producers Association v. Rowan, ___F.3d___ 05-30956 (5th Cir. Aug. 29, 2006)
January 2005: Ninth Circuit Finds the BLM’s Environmental Assessments of Timber Harvest Plans Failed to Adequately Consider Cumulative Impacts Klamath Siskiyou Wildlands Center v. U.S. Bureau of Land Management et al. 387 F.3d 989 (9th Cir. 2004)
February 2004: Fifth Circuit Affirms Finding of No Significant Impact under NEPA for Texas Gasoline Pipeline Spiller v. White ___F.3d___, Case No. 02-50956 (5th Cir. Dec. 12, 2003).
Forest Land
June 2008: Environmental Organizations Challenge U.S. Forest Service’s Renewal of Grazing Permits in California Western Watersheds Project, et al. v. U.S. Forest Service 3:08-cv-01460-PJH, filed March 14, 2008 (N.D. Cal)
April 2008: aaa aaa aaa
June 2006: Tenth Circuit Holds that Trout Unlimited’s Remand Order Is Not a Final Appealable Judgment Trout Unlimited v. U.S. Department of Agriculture, ___F.3d___ 04-1317, 04-1346 (10th Cir. March 28, 2006)
May 2006: Ninth Circuit Grants Preliminary Injunction to Prevent Forest Service Timber Sales in the El Dorado National Forest Earth Island Institute v. U.S. Forest Service, ___F.3d___ 05-16776 (9th Cir. March 24, 2006)
General
December 2002: Ninth Circuit Finds Dismissal of CERCLA Claim against EPA Appropriate but Clean Water Act Claim against Corps of Engineers May Proceed Dierker, et al. v. Clarke, et al. ___F.3d___, Case No. 01-36016 (9th Cir.
May 2001: Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan Pacific Coast Federation of Fishermen’s Association, et al. v. U. S. Bureau of Reclamation ___F.Supp.2d___,Case No.C001955 (N. D. Cal. April 3, 2001). Oregon Steven Kandra, et al. v. Gale Norton, et al Case No.01-61-6124 TC (D. Or.) filed April 9, 2001
May 2001: Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan Pacific Coast Federation of Fishermen’s Association, et al. v. U. S. Bureau of Reclamation ___F.Supp.2d___,Case No.C001955 (N. D. Cal. April 3, 2001). Oregon (Steven Kandra, et al. v. Gale Norton, et al, Case No.01-61-6124 TC (D. Or.) filed April 9, 2001.
February 2001: Part III — Pharmaceuticals in the Water Supplies
February 2001: Part III — Pharmaceuticals in the Water Supplies
February 2001: Part III - Pharmaceuticals in the Water Supplies
January 2001: Part II — Pharmaceuticals in the Water Supplies: Regulations and Works-In-Progress
January 2001: Part II — Pharmaceuticals in the Water Supplies: Regulations and Works-In-Progress
January 2001: Critical Habitat under the Endangered Species Act: Key to Recovery or Unworkable Quagmire with Only Marginal Species Benefit?
Genetically Engineered Agriculture
June 2005: Harvesting of Genetically Engineered Crops Does Not Moot Lawsuit to Determine Need for Environmental Assessments Center for Food Safety v. Veneman, ___F.Supp.2d___ CV-03-00621 DAE BMK (D. Hawaii March 29, 2005)
Global Warming
February 2007: Global Warming Reaches California Regulatory Agencies and Courts—and You
Greenhouse Gas Emissions
April 2010: NEPA Update: Draft Guidance on Greenhouse Gas Emissions and Climate Change
Hazardous Fuels Reduction Categorical Exclusion
February 2008: Ninth Circuit Finds Forest Service Violated NEPA by Failing to Properly Assess Significance of Hazardous Fuels Reduction Categorical Exclusion Sierra Club v. Bosworth, ___F.3d___ 05-16989 (9th Cir. Dec. 5, 2007)
Injunctive Relief
August 2010: U.S. Supreme Court Reverses Injunctions That Prohibited Deregulation and Planting of Genetically Modified Seeds Monsanto Company v. Geertson Seed Farms, ___U.S.___ 09-475 (June 21, 2010)
Land Exchanges
December 2009: Ninth Circuit Addresses District Court’s Decision Regarding Land Exchange for Proposed Landfill Project National Parks and Conservation Association v. U.S. Bureau of Land Management, ___F.3d__ 05-56814 (9th Cir. Nov. 10, 2009)
November 2009: Ninth Circuit Reverses the Approval of a Land Exchange for Failure to Take a ‘Hard Look’ at Environmental Consequences Center For Biological Diversity v. U.S. Department of the Interior, ___F.3d___ 07-16423, (9th Cir. Sept. 14, 2009)
November 2001: Ninth Circuit Finds Plaintiff Met Standing Requirements to Assert NEPA Claim; Examines Plaintiff's Cumulative Impact Arguments under NEPA Hall v. Norton ___F.3d___, Case No. 99-16153 (9th Cir. Sept. 12, 2001).
Military and Defense
December 2006: Ninth Circuit Finds Army Violated NEPA by Not Considering Reasonable Alternatives to Transformation of Combat Teams in Hawaii “Ilio” Ulaokalani Coalition v. Rumsfeld 464 F.3d 1083 (9th Cir. Oct. 5, 2006)
Mining
April 2010: Environmental Groups Threaten to Use NEPA to Seek Climate Change Mitigation in Powder River Basin Coal Development
January 2010: District Court Rules that U.S. Army Corps Violated the Clean Water Act and NEPA in Issuing Permits to Allow Surface Mining in West Virginia Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers 3:08-0979 (S.D. W.Va. Nov. 24, 2009)
National Parks
May 2005: The National Park Service Responds to Lawsuit by Reversing Its Authorization to Build “Guzzlers” in Mojave National Preserve Center for Biological Diversity v. Jarvis 3:05-cv-00862-JCS (March 1, 2005) (N.D. Cal)
No Action Alternatives
September 2005: Fifth Circuit Allows Dredge and Fill Permit for Construction of Ship Terminal at Bayport Shipping Channel Off Galveston Bay City of Shoreacres v. Waterworth, ___F.3d___ 04-20527 (5th Cir. Aug. 8, 2005)
Notice
February 2010: District Court Rules that U.S. Army Corps Violated the Clear Water Act and NEPA in Issuing Permits to Allow Surface Mining in West Virginia Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 3:08-0979 (S.D. W.Va. 2009)
February 2008: Ninth Circuit Upholds Army Corps Dredge and Fill Permit for Mining Project despite Large-Scale Wetlands Fill Resulting from Project Bering Strait Citizens for Responsible Resource Development v. U.S. Army Corps of Engineers, ___F.3d___ 07-35506 (9th Cir. Jan. 3, 2007)
Offshore Oil Production
February 2003: Suspension of Oil Leases Off California's Coast Subject to Review under the State's Coastal Zone Management Act - United States Failed to Comply with the National Environmental Policy Act State of California v. Norton 311 F.3d 1162 (9th Cir. Dec. 2, 2002).
Project Analysis
August 2010: Tenth Circuit finds BLM Complied with NEPA When It Refused to Study a Phased Development Proposal as a Project Alternative Biodiversity Conservation Alliance v. U.S. Bureau of Land Management, ___F.3d___ 09-8011 (10th Cir. June 18, 2010)
June 2010: District Court Holds Corps’ Decision to Limit Project Analysis to Waters Subject to the Clean Water Act Is Entitled to Deference Natural Resources Defense Council, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 1:09 CV 588 (N.D. Ohio 2010)
Recycled Water
May 2007: Ninth Circuit Holds Use of Recycled Sewage Effluent to Make Artificial Snow Violates Religious Freedom Restoration Act and NEPA Navajo Nation, et al. v. U.S. Forest Service, et al., ___ F.3d ___ 06-15371, 06-15436, 06-15455 (9th Cir. March 12, 2007)
Standing
November 2007: First Circuit Finds Tribe Has Standing to Pursue Federal Claims against the BIA for Approval of Lease to Construct Natural Gas Terminal on Tribal Land Nulankeyutmonen Nkihtaqmikon v. Impson, ___F.3d___ 06-2733 (1st Cir. Sept. 14, 2007)
September 2005: Corps of Engineers’ Issuance of Revised Nation Wide Permits Was ‘Final Agency Action’ Subject to Review under the Administrative Procedure Act National Ass’n of Home Builders, et al. v. U.S. Army Corps of Engineers, ___F.3d___ 04-5009 (D.C. Cir. July 29, 2005)
Tahoe Regional Compact
November 2005: Ninth Circuit Holds that NEPA Does Not Apply to Actions of the Tahoe Regional Planning Agency Glenbrook Homeowners Association v. Tahoe Regional Planning Agency, ___F.3d___ 03-17224, 03-15002, 04-17314, 03-17302, 03-15001 (9th Cir. Sept. 21, 2005)
Timber
May 2005: Injunction to Prevent Timber Sale in Wisconsin Granted by Federal Court due to Forest Service’s Failure to Adequately Assess Cumulative Impacts Habitat Education Center, Inc. v. Bosworth, ___F.Supp.2d__ 04-C-0254 (E.D. Wis. March 31, 2005)
January 2005: Ninth Circuit Finds the BLM’s Environmental Assessments of Timber Harvest Plans Failed to Adequately Consider Cumulative Impacts Klamath Siskiyou Wildlands Center v. U.S. Bureau of Land Management et al. 387 F.3d 989 (9th Cir. 2004)
November 2004: Ninth Circuit Holds that Res Judicata Bars Litigation by Environmental Group when Same Claims and Interests Were Advanced by Previous Plaintiff Headwaters Inc. v. U.S. Forest Service, ___F.3d___ 01-35898 (9th Cir. Sept. 8, 2004)
Wind Turbine Projects
June 2010: U.S. Department of the Interior Approves Offshore Wind Project in Nantucket Sound
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