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

WWP originally filed this action in 2004 challenging the BLM's renewal of grazing permits in the Jarbidge Resource Area (JRA), covering a large expanse of Southern Idaho. At issue on appeal, was whether the district court erred in denying WWP fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(1)(A). The court held that the district court did not abuse its discretion in denying fees where the district court considered the reasonableness of the underlying agency decision to issue grazing authorization after the fire at issue, and the reasonableness of the litigation strategy defending that decision View "Western Watersheds Project v. Ellis, et al" on Justia Law

The Forest Service limited the use of motor vehicles to certain roads in the century-old Eldorado National Forest (ENF). Concerned about the impact of the limitation on their activities, a group of miners and prospectors challenged the Forest Service's decision. The court held that the miners had standing to bring this suit. Still, the Forest Service acted within its authority when it prohibited cross country vehicle traffic and limited motor vehicle use to certain designated roads in the ENF. The "public roads" provision in 36 C.F.R. 228.4(a)(1) did not create an exception to the 2008 Decision because the roads on which motor vehicles were prohibited ceased to be "public roads," as reasonably defined by the Forest Service. View "Public Lands For The People, Inc., et al v. AGRI, et al" on Justia Law

Kivalina appealed the district court's dismissal of their action for damages against Energy Producers. Kivalina alleged that massive greenhouse gas emissions emitted by the Energy Producers have resulted in global warming, which, in turn, has severely eroded the land where the City of Kivalina sits and threatens it with imminent destruction. Kivalina sought damages under a federal common law claim of public nuisance. At issue was whether the Clean Air Act, 42 U.S.C. 7401 et seq., and the EPA action that the Act authorized, displaced Kivalina's claims. The court concluded that the Supreme Court has held that federal common law addressing domestic greenhouse gas emissions has been displaced by Congressional action. That determination displaced federal common law public nuisance actions seeking damages, as well as those actions seeking injunctive relief. The civil conspiracy claim fell within the substantive claim. Therefore, the court affirmed the judgment of the district court. View "Native Village of Kivalina, et al v. Exxonmobile Corp., et al" on Justia Law

This case arose out of Native Ecosystems Council's appeal of the district court's grant of summary judgment in favor of the Forest Service in an action regarding the Ettien Ridge Fuels Reduction Project in the Lewis and Clark National Forest. Native Ecosystems Council alleged that the Forest Service violated the National Environmental Policy Act (NEPA), 42 U.S.C. 4321, 4331, and the National Forest Management Act (NFMA), 16 U.S.C. 1600-14, when it issued a Finding of No Significant Impact (FONSI) and Decision Notice approving the Project. The court held that the Forest Service took the requisite "hard look" at the environmental impact of the Project on the elk hiding cover, and goshawk populations, in the manner required by NEPA. The court further held that the district court did not err in granting summary judgment to the Forest Service on the NFMA claims because it reasonably considered the "relevant factors" that could have impacted the elk hiding cover and goshawk populations in its analysis of the Project. Accordingly, the court affirmed the judgment. View "Native Ecosystems Council, et al v. Weldon, et al" on Justia Law

This appeal related to the Forest Service's design of the Angora Project in response to damage caused by the Angora Fire. The court held that the Lake Tahoe Forest Plan did not require the Forest Service to demonstrate at the project level that the Angora Project would maintain viable population levels of management indicator species, including the black-backed woodpecker. Therefore, the Forest Service's analysis of the Angora Project's impact on the black-backed woodpecker's habitat was not arbitrary and capricious under the National Forest Management Act (NFMA), 16 U.S.C. 1600 et seq. Here, because the Forest Service did not fail to (1) ensure the scientific integrity of the final environmental assessment (EA), (2) properly responded to dissenting scientific opinion, (3) properly considered proposed alternatives to the Angora Project EA, and (4) took the requisite "hard look" at the impacts of the Angora Project, the court also concluded that the Forest Service's analysis of the Angora Project's environmental effect was not arbitrary and capricious under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. Accordingly, the court affirmed the district court. View "Earth Island Institute, et al v. USFS, et al" on Justia Law

Plaintiffs are a collection of primarily non-trawl fishermen's associations and groups whose longtime participation in the fishery may shrink under Amendments 20 and 21 to the PacificCoast Groundfish Fishery Management Plan. The Plan was designed to increase economic efficiency through fleet consolidation, reduce environmental impacts, and simplify future decisionmaking. Plaintiffs argued that the Amendments were unlawful under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801-1884, and the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347. The court affirmed the district court's grant of summary judgment to defendants where the NMFS complied with both the MSA and NEPA provisions at issue. View "Pacific Coast Federation of Fishermen's Assoc., et al v. Locke, et al" on Justia Law

This case involved the Service's regulations under Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1371(a), that authorized incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. Plaintiffs brought suit challenging the regulations and accompanying environmental review documents under various environmental acts. The court held that the Service permissibly determined that only "relatively small numbers" of polar bears and Pacific walruses would be taken in relation to the size of their larger populations, because the agency separately determined that the anticipated take would have only a "negligible impact" on the mammals' annual rates of recruitment or survival. The "small numbers" determination was consistent with the statute and was not arbitrary and capricious. The court also held that the Service's accompanying Biological Opinion and Environmental Assessment (EA) complied with the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. View "Center for Biological Diversity, et al. v. Salazar, et al." on Justia Law

Grand Canyon Trust appealed the district court's grant of summary judgment in favor of the United States Bureau of Reclamation (Reclamation) and the United States Fish and Wildlife Service (FWS) rejecting the Trust's claims alleging that Reclamation and FWS violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act in the operation of the Glen Canyon Dam. The Ninth Circuit Court of Appeals dismissed as moot in part and affirmed in part, holding (1) several of the Trust's claims were moot; (2) Reclamation did not violate the ESA by not consulting with FWS before issuing each annual operating plan (AOP) for the Dam; and (3) Reclamation did not violate NEPA by not preparing an environmental assessment or environmental impact statement for each AOP. View "Grand Canyon Trust v. U.S. Bureau of Reclamation" on Justia Law

Petitioners, the Native Village of Kilalina IRA Council and other Alaskan groups, appealed the EPA Environmental Appeals Board's (EAB) order denying review of their challenges to a permit authorizing Intervenor Teck Alaska, Inc. to discharge wastewater caused by the operation of Red Dog Mine. The EAB concluded that Kivalina had not satisfied the procedural requirements to obtain review under 40 C.F.R. 124.19(a) because it did not demonstrate why the EPA's responses to comments were clearly erroneous or otherwise warranted review. The Ninth Circuit Court of Appeals denied Petitioners' petition for review, holding that Petitioners did not meet the requirements of section 124.19. View "Native Village of Kivalina IRA Council v. EPA" on Justia Law

This case involved an experimental forest thinning, fuels reduction, and research project (the Project) in the Deschutes National Forest in central Oregon. The Project allowed logging and controlled burning on 2,500 acres of the Pringle Falls Experimental Forest. The League of Wilderness Defenders-Blue Mountains Biodiversity Project (the League) filed suit against the U.S. Forest Service and Service officials, alleging that the agency's environmental impact statement (EIS) for the Project failed to comply with the National Environmental Policy Act (NEPA). The district court granted summary judgment to the Service, relying in part on the fact that the Project involved research in an experimental forest. The Ninth Circuit Court of Appeals affirmed, holding that the EIS was adequately supported by scientific data and took a hard look at the significant impacts of the Project, and therefore, the EIS complied with NEPA. View "League of Wilderness Defenders v. USFS" on Justia Law