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Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Public Land & Resources Law Review
Overturning thirty-year-old precedent, Cottonwood Environmental Law Center v. United States Forest Service held that merely proving a procedural violation of the ESA is no longer enough to show irreparable injury in support of injunctive relief. The Ninth Circuit affirmed summary judgment for Cottonwood, concluding the Forest Service violated the ESA by not reinitiating consultation, but declined to provide injunctive relief because Cottonwood failed to show irreparable injury to the Canadian lynx.
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …