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National Environmental Policy Act Appellate Courts

Perkins Coie

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

Perkins Coie on

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more

Goldberg Segalla

Eighth Circuit Court of Appeals Reinstates Biden-Era NEPA Regulations

Goldberg Segalla on

While shifting political winds don’t literally blow through the trees, their force and impact can cause environmental policy to lurch back and forth. For instance, in 2020, during the final quarter of the first Trump...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Nuisance: Federal Appellate Court Addresses Property Owners' Challenge to Oregon Irrigation...

The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals, Ninth Circuit (“Ninth Circuit”), in a February 22nd appeal from the United States District Court for the District of Idaho (“District Court”) addressed an issue arising out of United States...more

Perkins Coie

Logging Plan Not Categorically Excluded From Environmental Review Under NEPA

Perkins Coie on

The Ninth Circuit Court of Appeals held that a U.S. Forest Service plan for commercial logging of some 4,700 acres of fire-damaged Mendocino National Forest could not reasonably be interpreted as falling within a NEPA...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Spill Response Plan/Clean Water Act: Federal Appellate Court Addresses Endangered Species Act/National Environmental Policy...

The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazard Tree Abatement Project/National Environmental Policy Act: Federal Appellate Court Addresses Whether Environmental Impact...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a May 18th unpublished opinion whether two federal agencies should have prepared a National Environmental Policy Act (“NEPA”)...more

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