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Full-Text Articles in Law
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Public Land & Resources Law Review
In an en banc rehearing, the Ninth Circuit, in Organized Village of Kake v. United States Department of Agriculture, determined that the Roadless Rule should apply to the largest National Forest, the Alaskan Tongass. The significant socioeconomic impacts on Southeast Alaska contrasted with important environmental roadless values make the management of the Tongass National Forest unique and controversial. The Ninth Circuit concluded that Alaska, an intervener, had standing to appeal and that the 2003 Tongass Exception to the Roadless Rule was arbitrary and capricious.
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Public Land & Resources Law Review
Cascadia Wildlands v. Bureau of Indian Affairs exemplifies the discretion agencies enjoy when determining how to organize and present information in environmental assessments. In a case of first impression, the court relaxed the extent of analysis necessary to comply with NEPA by allowing reasonably foreseeable future projects to be aggregated with past projects. Additionally, the court permitted the BIA to circumvent the FWS’s Recovery Plan for the northern spotted owl by holding that the CRA was subject only to the standards and guidelines of federal forest plans, not specific recovery plans.
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.