In Conservation Congress v. Nancy Finley (2012) U.S. Dist. LEXIS 104377, the U.S. District Court for the Northern District of California upheld the authorization of the Beaverslide Timber Sale and Fuel Reduction Project (Project), denying Conservation Congress and Environmental Protection Information Center’s (Plaintiffs) motion for summary judgment and granting the U.S. Fish and Wildlife’s (Fish
District Court Grants Defendants’ Motions to Dismiss Challenge to the Bureau of Land Management’s Approval of a Solar Project in California’s Desert Region
In La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of the Interior (2012) 2012 U.S. Dist. LEXIS 97759, the Bureau of Land Management (Bureau) approved Chevron Energy Solutions Company’s (Chevron) solar-electricity general project (Project), which is located on federal public land in the California Desert Conservation Area (CDCA). The…
Ninth Circuit Requires 2004 EIS to Include Higher Level of Analysis of Environmental Impacts on Fish, While Finding the Analysis of Environmental Impacts on Amphibians Sufficient
In January 2001, the United States Forest Service (Forest Service) issued an environmental impact statement (EIS) recommending amendments to the Forest Plans in the Sierras Madre Mountains (2001 EIS) to conserve and repair the riparian and amphibian habitat. By November 2001, the Forest Service reviewed the 2001 EIS and its proposed alternatives, and made several…
Environmental Plaintiffs Do Not Need to Wait for Environmental Damage to Occur Before Challenging NEPA Compliance
In Friends of the River v. United State Army Corps of Engineers, 2012 U.S. Dist. LEXIS 59405, the United States Army Corps of Engineers (Corps) adopted several documents establishing “mandatory vegetation-management standards for levees.” Friends of the River, Defenders of Wildlife, and Center for Biological Diversity (Plaintiffs) filed suit to challenge the Corps’ procedural…
Court Rules in Favor of Forest Service’s Approval of Post-Fire Logging and Restoration Project
In Earth Island Institute v. Carlton, (2012) 2012 U.S. Dist. LEXIS 44177, petitioner challenged a logging and restoration project under the National Forest Management Act (“NFMA”) and the National Environmental Policy Act (“NEPA”). The district court granted defendants’ motion for summary judgment. Plaintiff makes four central arguments for why Defendants violated NEPA in the…
Court Rules Forest Service’s Categorical Exclusion Memos are Arbitrary and Capricious Regarding Livestock Grazing
In Western Watersheds v. United States Forest Service, (2012) 2012 U.S. Dist. LEXIS 45573, petitioners challenged the Forest Service’s alleged practice of reauthorizing livestock grazing on federal land without conducting the proper environmental review under the National Environmental Policy Act (“NEPA”). The court concluded that the actions by the Forest Service in connection with…
Ninth Circuit Reiterates that Laches is Strongly Disfavored in Environmental Cases
In Save the Peaks Coalition v. United States Forest Service (9th Cir. 2012) 2012 U.S. App. LEXIS 2563, the Ninth Circuit Court of Appeals determined that, although Save the Peaks Coalition (“SPC”) abused the judicial process by holding back claims that should have been asserted in an earlier litigation, laches did not bar SPC from…
Court Holds Res Judicata Bars NEPA and ESA Challenges to Guidelines Adopted by State Department
In Turtle Island Restoration Network v. U.S. Dept. of States (9th Cir. 2012) 2012 U.S.LEXIS 3263, the Ninth Circuit Court determined that res judicata barred Turtle Island Restoration Network (“TIRN”) from bringing a challenge under the National Environmental Policy Act (“NEPA”) and Endangered Species Act (“ESA”) because an organization for which TIRN was formally a…
Federal District Court Grants Summary Judgment in Agency’s Favor on NEPA Issues and in Plaintiff’s Favor on Wilderness Act Issues
In High Sierra Hikers Association v. United States Department of the Interior (N.D.Cal. 2012) 848 F. Supp. 2d 1036, the U.S. District Court for the Northern District of California, San Francisco Division, addressed whether the National Park Service (NPS) adequately assessed the environmental consequences of its General Management Plan for Sequoia and Kings Canyon National…