by John M. Simpson.
On May 6, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment to the government in a case brought by the Center for Biological Diversity and other plaintiffs to challenge a decision by the Department of Defense (DOD) approving a plan to construct a replacement aircraft base in Okinawa, Japan, for the U.S. Marine Corps. Center for Biological Diversity v. Esper, __ F.3d __, No. 18-16836 (9th Cir. May 6, 2020). In this case, which had originated in 2003, the issue was whether DOD had complied with section 402 of the National Historic Preservation Act (NHPA), 54 U.S.C. § 307101(e). Continue reading Ninth Circuit Rejects Activist Appeal in Endangered Dugong Case
By John M. Simpson.
On May 6, 2019, the U.S. Court of Appeals for the Ninth Circuit rejected environmental groups’ challenges to travel management plans issued by the U.S. Forest Service (Service) pursuant to the Service’s Travel Management Rule in three Ranger Districts in the Kaibab National Forest: the Williams, Tusayan and North Kaibab Ranger Districts. WildEarth Guardians, et al. v. Provencio, No. 17-17373 (9th Cir. May 6, 2019). The court of appeals concluded that the Service’s actions were not contrary to the Travel Management Rule and complied with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Continue reading Ninth Circuit Rejects Enviro Challenge to Forest Service’s Motorized Big Game Retrieval Plan