News & Analysis as of

National Environmental Policy Act Environmental Policies Forest Service

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

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

Allen Matkins

Environmental Impact Statement Required Due to Conflicting Evidence About Project’s Effects

Allen Matkins on

An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project’s environmental effects. An agency also must prepare an EIS when...more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #3

Allen Matkins on

U.S. Forest Service finalizes rule weakening environmental review of its projects - Bullet The Hill – November 18 - The U.S. Forest Service this Wednesday finalized its decision to weaken environmental analysis of...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

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

Snell & Wilmer on

The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

Hogan Lovells

Supreme Court to review important pipeline decision

Hogan Lovells on

On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911...more

Snell & Wilmer

Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

Snell & Wilmer on

The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife...more

WilmerHale

US Forest Service Proposes NEPA Streamlining Rule: Implications for the Outdoor Recreation Industry

WilmerHale on

On June 13, the US Forest Service announced a proposal to streamline environmental review of proposed projects on National Forest System land. The proposed rule would modify the agency’s regulations implementing the National...more

Holland & Knight LLP

NEPA Revised Draft Guidance on Consideration of GHG Emissions: Version 2.0 - Proposal Requires Federal Agencies to Assess GHG and...

Holland & Knight LLP on

Nearly five years after issuing its initial draft, the White House Council on Environmental Quality (CEQ) continues to revise its draft guidance on conducting greenhouse gas (GHG) impact analyses under the National...more

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