Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

The case concerns the National Marine Fisheries Service’s (NMFS) designation of critical habitat in 2022 for two species of Arctic seals, following their listing as threatened under the Endangered Species Act (ESA) in 2012. The designated areas covered waters off Alaska’s north coast and were based on findings that those areas contained physical and biological features essential to the conservation of the seal species. Alaska opposed these designations, contending that they were too broad and provided minimal benefit, and requested that certain coastal areas be excluded due to economic impacts. NMFS excluded an area used by the Navy for training but declined to exclude others requested by Alaska and the North Slope Borough, finding no significant economic impact.The United States District Court for the District of Alaska largely agreed with Alaska, holding that the critical habitat designations were unlawful. The court vacated the rules and remanded the matter to NMFS, concluding that NMFS had not adequately explained why the entire designated area was necessary for the seals’ conservation, had failed to consider foreign conservation efforts and foreign habitat, and had abused its discretion by not considering certain exclusions. The Center for Biological Diversity intervened as a defendant and appealed the district court’s decision. The district court did, however, reject Alaska’s argument that NMFS had failed to comply with the ESA’s “prudency” requirement.On appeal, the United States Court of Appeals for the Ninth Circuit found that it had jurisdiction, reversed the district court’s rulings that the designations were unlawful, and affirmed the court’s ruling on the ESA’s prudency requirement. The Ninth Circuit held that NMFS’s designations complied with the ESA, that the agency was not required to consider foreign conservation efforts or habitat, and that the decision not to exclude certain coastal areas was within its discretion. The critical habitat designations were reinstated, and the case was remanded with instructions to enter judgment for the Center and NMFS. View "STATE OF ALASKA V. NATIONAL MARINE FISHERIES SERVICE" on Justia Law

A federal land exchange was mandated by the Southeast Arizona Land Exchange and Conservation Act, requiring the United States Forest Service to transfer approximately 2,500 acres of National Forest land, including Oak Flat—a site of religious significance to the Apache—to Resolution Copper Mining, LLC, in exchange for over 5,000 acres of private land. The legislation included requirements for tribal consultation, land appraisal, and the preparation of an environmental impact statement (EIS). Following the issuance of a revised Final EIS in 2025, several environmental and tribal groups, as well as individual Apache plaintiffs, challenged the exchange. Their claims spanned the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Religious Freedom Restoration Act (RFRA), and the Free Exercise Clause, alleging procedural and substantive deficiencies.Previously, the United States District Court for the District of Arizona denied the plaintiffs’ motions for a preliminary injunction, finding that they had not demonstrated a likelihood of success on any claims relating to the appraisal process, NEPA, consultation, or the National Forest Management Act. A separate group of Apache plaintiffs brought similar claims, including religious liberty challenges, which were also denied—particularly in light of circuit precedent established in Apache Stronghold v. United States. All plaintiff groups appealed and sought further injunctive relief pending appeal.The United States Court of Appeals for the Ninth Circuit reviewed the district court’s denial for abuse of discretion and affirmed. The court held that plaintiffs had standing and their claims were justiciable, but that none of their arguments were likely to succeed on the merits or raised serious questions. The court specifically found the appraisals and environmental review sufficient, the agency’s tribal consultation adequate, and the religious liberty claims foreclosed by circuit precedent. The denial of a preliminary injunction was affirmed, and all related motions for injunctive relief were denied as moot. View "ARIZONA MINING REFORM COALITION V. UNITED STATES FOREST SERVICE" on Justia Law

The case concerns a challenge brought by an environmental non-profit against the U.S. Environmental Protection Agency (EPA) relating to the agency’s 2016 national recommendations for allowable cadmium levels in water. The EPA, as required by the Clean Water Act (CWA), periodically issues nonbinding criteria for water pollutants, which states typically adopt as standards for their own waters. In 2016, the EPA updated its cadmium recommendations but did so without consulting the Fish and Wildlife Service or the National Marine Fisheries Service, as mandated under Section 7 of the Endangered Species Act (ESA) for actions that may affect protected species.Previously, the United States District Court for the District of Arizona found that the Center for Biological Diversity (CBD) had standing to challenge the EPA’s failure to consult. The district court granted summary judgment in favor of CBD, holding that the EPA’s issuance of the cadmium recommendations constituted “agency action” under the ESA that “may affect” listed species, thus triggering the consultation requirement. The court vacated the less stringent chronic freshwater cadmium recommendation and remanded all four 2016 cadmium recommendations to the EPA for proper consultation.On appeal, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s judgment. The Ninth Circuit held that CBD had Article III standing, finding a concrete injury to its members’ interests in protected species, that the injury was fairly traceable to EPA’s recommendations due to predictable state adoption, and that the injury could be redressed by stricter recommendations resulting from consultation. On the merits, the court concluded that EPA’s publication of nationwide recommendations was “agency action” under the ESA and that such action “may affect” listed species, thus requiring prior consultation with the Services. The district court’s vacatur and remand were affirmed. View "CENTER FOR BIOLOGICAL DIVERSITY V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY" on Justia Law

The Federal Aviation Administration (FAA) introduced new and revised air traffic procedures in the Southern California Metroplex as part of its Next Generation Air Transportation System (NextGen) initiative in 2016, affecting airports including Los Angeles International Airport. These procedures, specifically the HUULL, IRNMN, and RYDRR routes, relied on satellite navigation and were subject to an environmental review, which concluded there would be no significant noise impacts. In 2018, the FAA amended these procedures, making minor changes to altitude and speed restrictions at certain waypoints, with no changes to flight paths, number of flights, or aircraft types. Only one amended waypoint affected Malibu, and none affected Culver City.Previously, Culver City and other parties challenged the FAA’s 2016 approval in the United States Court of Appeals for the District of Columbia Circuit, which upheld the FAA’s decision. After the 2018 amendments, the City of Los Angeles and Culver City (as intervenor) challenged the FAA’s actions in the United States Court of Appeals for the Ninth Circuit, which found violations of environmental statutes but remanded for further review without vacating the procedures. The FAA then conducted additional environmental consultations and issued a Record of Decision, concluding the amendments qualified for a categorical exclusion from further environmental review.The United States Court of Appeals for the Ninth Circuit reviewed the petitions from Malibu and Culver City regarding the FAA’s 2018 amendments. The court held that only challenges to the 2018 amendments were timely, dismissing any challenge to the original 2016 procedures as untimely. The court determined that neither city demonstrated standing to challenge the 2018 amendments: Malibu’s evidence addressed only the 2016 procedures, and Culver City failed to provide evidence of injury. The petitions were dismissed for lack of standing. View "City of Culver City v. Federal Aviation Administration" on Justia Law

The case centers on the United States Bureau of Land Management’s decision to approve a contract with JS Livestock for a new off-range corral on private land near Winnemucca, Nevada, intended to house and care for up to 4,000 wild horses and burros removed from public lands. Friends of Animals, an advocacy group, challenged this decision, arguing that the Bureau’s actions violated both the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act. The group raised concerns about the adequacy of animal welfare protections and environmental impacts, including the facility’s design, animal density, disease management, and mitigation of adverse effects on soil and groundwater.Prior to this appeal, the United States District Court for the District of Nevada reviewed cross-motions for summary judgment. The district court found no statutory violations, holding that the Bureau had complied with both the Wild Horses Act and NEPA. Specifically, the court determined that the Bureau’s reliance on its established animal welfare standards and contract requirements was reasonable and that the environmental assessment sufficiently considered the project’s impacts as required by law. The court granted summary judgment in favor of the Bureau and denied Friends of Animals’ motion.The United States Court of Appeals for the Ninth Circuit reviewed the district court’s decision de novo. The appellate court affirmed the lower court’s ruling, holding that Friends of Animals had representational standing to bring the case. The court found that the Bureau did not abuse its discretion or act contrary to law: it properly ensured humane treatment of the animals, took a “hard look” at environmental impacts as required by NEPA, reasonably relied on compliance with state permits, considered appropriate project alternatives, and adequately explained why the facility’s impacts would not be significant. The summary judgment for the Bureau was affirmed. View "FRIENDS OF ANIMALS V. BURGUM" on Justia Law

A group of 169 individuals who worked at the Clark County Government Center in Las Vegas brought claims alleging that they suffered serious injuries due to exposure to toxic chemicals, including polychlorinated biphenyls (PCBs), at their workplace. The site of the Government Center had previously been used as a rail yard by Union Pacific Railroad, and plaintiffs alleged that Union Pacific dumped waste, including PCBs manufactured by the former Monsanto Company, at the site. Plaintiffs asserted that Monsanto’s corporate successors inherited liability for harms caused by the production, sale, and distribution of PCBs, which allegedly caused a range of health issues for those exposed.The plaintiffs initially filed suit in Nevada state court against multiple defendants, including Union Pacific, the Las Vegas Downtown Redevelopment Agency, and Monsanto’s successors. The claims sought compensatory and punitive damages for injuries stemming from the alleged contamination. Monsanto’s successors removed the action to the United States District Court for the District of Nevada under the Class Action Fairness Act (CAFA). The plaintiffs moved to remand the case back to state court, and the District Court granted the motion, finding that the local controversy exception to CAFA applied since the alleged injuries were localized to Clark County.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed the district court’s remand order de novo. The Ninth Circuit held that CAFA’s local controversy exception did not apply because the principal injuries resulting from Monsanto’s conduct were not shown to have been incurred primarily in Nevada. The court found that plaintiffs’ allegations described nationwide distribution and harm from PCBs, with no facts indicating that Nevada experienced principal or unique injuries. Therefore, the Ninth Circuit reversed the District Court’s order remanding the case and ordered the case to proceed in federal court. View "EMPLOYEES AT THE CLARK COUNTY GOVERNMENT CENTER V. MONSANTO COMPANY" on Justia Law

Several environmental organizations sued a California county, alleging that the county’s operation of the Lopez Dam and Reservoir had harmed the threatened South-Central California Coast steelhead trout by altering water flows and degrading downstream habitat. The steelhead population in Arroyo Grande Creek depends on high, pulsing freshwater flows for migration and spawning, but the dam’s operational schedule reduced these flows, impeded migration, and facilitated predatory species’ access to the creek. The plaintiffs claimed that these practices violated the Endangered Species Act (ESA) by causing unlawful “take” of steelhead and also breached California Fish & Game Code section 5937, which requires dam operators to maintain fish in “good condition.” The creek is also home to two other ESA-listed species: the California red-legged frog and the tidewater goby.The United States District Court for the Central District of California granted a mandatory preliminary injunction, compelling the county to take affirmative actions such as changing flow releases and implementing new habitat protection measures. The court ordered the county to consult with federal agencies about these measures but did not specifically weigh the potential harm to the frog and goby, which the county argued might result from the new water release schedule. Both sides presented competing expert evidence on the impact to all three species.On appeal, the United States Court of Appeals for the Ninth Circuit vacated the preliminary injunction and remanded the case. The appellate court held that when mandatory injunctive relief under the ESA could benefit one protected species while potentially harming another, the district court must consider the balance of equities and public interest as they relate to the other listed species. The court clarified that this balancing does not include economic or developmental interests but is limited to the welfare of other endangered or threatened species. Because the district court had not conducted this analysis, the injunction was vacated for further proceedings. View "SAN LUIS OBISPO COASTKEEPER V. COUNTY OF SAN LUIS OBISPO" on Justia Law

A group of environmental and fishing organizations challenged the operation of a large drainage project in California’s Central Valley, which collects and conveys irrigation return flows from nearly 100,000 acres of farmland and discharges them into a wetland connected to the San Joaquin River. The plaintiffs argued that the project’s discharges included pollutants not related to irrigated agriculture, such as groundwater seepage, runoff from non-irrigated lands, sediment, and water from a solar facility, and therefore should not be exempt from federal permitting requirements under the Clean Water Act (CWA).The United States District Court for the Eastern District of California previously granted partial summary judgment to the defendants, including the U.S. Bureau of Reclamation and local water authorities, finding that the project qualified for the CWA’s exemption for “discharges composed entirely of return flows from irrigated agriculture.” On a prior appeal, the Ninth Circuit clarified that the defendants bore the burden of proving the exemption applied and that “entirely” meant wholly, not just a majority, of the discharge. The case was remanded for further proceedings under this standard.On the current appeal, the United States Court of Appeals for the Ninth Circuit reviewed the district court’s subsequent grant of summary judgment for the defendants. The Ninth Circuit held that the CWA exemption applies so long as the return flow does not contain additional point source discharges from activities unrelated to crop production. The court found that the alleged pollutants were either from nonpoint sources or from point sources related to crop production, and that plaintiffs failed to raise a genuine dispute of material fact. The Ninth Circuit affirmed the district court’s judgment, upholding the project’s exempt status under the CWA. View "PACIFIC COAST FED'N OF FISHERMEN'S ASS'NS, INC. V. NICKELS" on Justia Law

A Canadian mining company operated a lead-zinc smelter in British Columbia, discharging millions of tons of slag and contaminated effluent containing hazardous substances into the Upper Columbia River over several decades. This pollution injured fish and benthic organisms in the river, which holds significant cultural and practical importance for a federally recognized Native American tribe whose reservation borders the river. The tribe sought damages for the interim lost use of these injured natural resources, including losses with a cultural dimension, such as reduced fishing and diminished ability to use the river for traditional purposes.Litigation began in 2004, with individual tribal members, later joined by the tribe and the State of Washington, bringing claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the company. The United States District Court for the Eastern District of Washington found the company liable for response costs and, after a trial, awarded the tribe investigative expenses and attorney’s fees. The case then proceeded to a third phase to determine liability for natural resource damages. The district court granted summary judgment to the company on the tribe’s claims for interim lost use damages, reasoning that CERCLA does not authorize recovery for injuries to “cultural resources” or for damages with a cultural component.The United States Court of Appeals for the Ninth Circuit reviewed the district court’s summary judgment de novo. The Ninth Circuit held that CERCLA authorizes recovery for interim lost use of injured natural resources, even when those lost uses have a cultural dimension, provided the damages are for injury to natural resources as defined by the statute. The court reversed the district court’s summary judgment and remanded the case for trial to determine whether the tribe sustained damages from lost uses of injured natural resources. View "CONFEDERATED TRIBES OF THE COLVILLE RESERVATION V. TECK COMINCO METALS LTD" on Justia Law

Environmental organizations challenged the U.S. Bureau of Land Management’s approval of the Big Weekly Elk Forest Management Project in coastal Oregon, arguing that the project would harm the threatened marbled murrelet by allowing logging near its nesting habitat. The relevant Resource Management Plan (RMP) designates certain forest areas as Late-Successional Reserve (LSR) to protect murrelet and northern spotted owl habitat, and includes management directions for murrelet conservation. The project authorized thinning in LSRs adjacent to murrelet habitat and heavier harvesting in areas designated for timber production, with some voluntary protective measures.The U.S. District Court for the District of Oregon reviewed cross-motions for summary judgment. Plaintiffs argued that the project violated the RMP and the Federal Land Policy and Management Act (FLPMA) by failing to buffer all occupied murrelet sites and by not requiring surveys for murrelets in adjacent stands. They also claimed the Bureau failed to take a “hard look” at environmental impacts as required by the National Environmental Policy Act (NEPA). The district court granted summary judgment for the Bureau, finding its interpretation of the RMP reasonable and entitled to deference, and that its environmental review was sufficient.On appeal, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The court held that the Bureau’s narrow interpretation of “modifying nesting habitat” in the RMP was reasonable, genuinely ambiguous, and entitled to deference under Kisor v. Wilkie. The project conformed to the RMP and did not violate FLPMA. The court also found that the Bureau took the required “hard look” at environmental impacts under NEPA, adequately addressing potential effects on murrelets through tiered and incorporated analyses. The district court’s judgment in favor of the Bureau was affirmed. View "CASCADIA WILDLANDS V. UNITED STATES BUREAU OF LAND MANAGEMENT" on Justia Law