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Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos
Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos
Public Land & Resources Law Review
Environmental plaintiffs demanded injunctions following U.S. Forest Service approval of two fuel reduction projects in the Gallatin National Forest, alleging, inter alia, ESA and NEPA violations. Although both projects had already been challenged in Salix v. United States Forest Serv., Plaintiffs in Alliance for the Wild Rockies alleged specific harms, allowing the court to create a new injunction standard for cases involving procedural, programmatic violation of the ESA. The new test harmonizes two conflicting lines of Ninth Circuit precedent.
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Public Land & Resources Law Review
As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.