News & Analysis as of

Forest Service National Environmental Policy Act

Dorsey & Whitney LLP

Interagency Working Group on Mining Laws, Regulations, and Permitting Release Final Report on Proposed U.S. Mining Reforms on...

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In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more

Holland & Hart LLP

Conservation Plans for Old-Growth Forests May Affect National Forest Permitting

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The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more

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

Ozark-St. Francis National Forest/Prescribed Burn/Logging/National Environmental Policy Act: Buffalo River Watershed Alliance...

The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...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

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

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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

Perkins Coie

Forest Service Releases Narrowly Tailored Update to Its NEPA Procedures

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The U.S. Forest Service has released narrowly tailored changes to update its procedures under the National Environmental Policy Act, in the wake of the Council on Environmental Quality’s recent overhaul of the NEPA...more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #3

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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

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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

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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

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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

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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

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

U.S. Forest Service National Environmental Policy Act Regulations: Proposed Revisions

The United States Forest Service (“Service”) published a proposal in the June 13th Federal Register that contains a package of revisions to its National Environmental Policy Act (“NEPA”) regulations. See 84 Fed. Reg. 27544. ...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 for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...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

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

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

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a November 29th Opinion National Environmental Policy Act (“NEPA”) and Endangered Species Act (“ESA”) challenges to post-fire projects...more

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

Reforestation Project/National Environmental Policy Act: Federal Appellate Court Addresses Environmental Assessment /EIS Issues

The Ninth Circuit Court of Appeals (“9th Circuit”) addressed issues associated with two United States Forest Service (“Forest Service”) fire salvage and restoration projects. See Alliance for the Wild Rockies v. Mary...more

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

Environmental Impact Statement/National Environmental Policy Act: Federal Appellate Court Considers Whether Fire Line is Exempted

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 8th opinion whether a community protection line (“CPL”) constructed during a wildfire is exempted from the requirement to prepare a...more

Perkins Coie

Federal Spending Bill Changes Wildfire Suppression Funding and Other Forestry Initiatives

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The $1.3 trillion Consolidated Appropriations Act of 2018, which was signed into law on March 23, 2018, (the Act) includes bipartisan measures to fundamentally change how the U.S. Forest Service and other federal agencies pay...more

Perkins Coie

Forest Service Properly Analyzed Potential Impacts Of Forest Restoration Project On Pine Marten And Fisher Populations

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The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

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Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

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

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Williams Mullen

North Carolina Federal Court Gives Go Ahead for Shooting Range on Public Land

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The U. S. District Court for the Western District of North Carolina recently upheld approval by the U.S. Forest Service (“USFS”) of a recreational shooting range in North Carolina’s Nantahala National Forest. The case is...more

BakerHostetler

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

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On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

Holland & Knight LLP

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

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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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