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Tag: NEPA

March 17, 2018

Weekly litigation report — March 17, 2018

Washington limits the reach of the public trust doctrine. Congress gets an earful on the problems with the federal permitting process Amicus Brief Filed in Challenge to San Francisco's Discriminatory Sign Ban Santa Barbara inspection case headed to a hearing Washington limits the reach of the public trust doctrine. Yesterday, the Washington Supreme ...

January 19, 2018

Supreme Court should grant cert in timber sale appeal

PLF has filed an amicus brief in support of Scott Timber and the Union, and urged the Supreme Court to take up this case. ...

April 05, 2017

Appeal filed in forest access case

Today, we filed our notice of appeal in Granat v. USDA, a challenge to the Forest Service’s massive route-closure initiative on the Plumas National Forest in northeastern California. In 2005, the Forest Service promulgated a Travel Management Rule. The Rule's purpose was to formalize and combine the existing network of legally authorized gov ...

February 12, 2016

Ted Hadzi-Antich's oral argument: Friends of Tahoe v. U.S.D.A.

On Monday of this week, I presented at oral argument at the 9th Circuit in our challenge to the Forest Service’s closure of over 90% of the historical user-created motorized routes in Tahoe National Forest.  The Forest Service closed the routes without complying with the requirements for alternatives analysis, which is the heart of the env ...

November 30, 2015

Administrative records – too much and not enough

If you thought 23,000 pages would be sufficient to document a federal government action closing roads and trails in a national forest, you’d be wrong.  That’s the number of pages it took the Forest Service to “summarize” its action to close routes in California’s Plumas National Forest to off-roaders.  Most ...

March 18, 2015

Americans to the U.S. Forest Service: don't shut us out of our national forests

In a democracy, there are few things more troublesome to the body politic (or to just plain folks) than bureaucrats who ingest large doses of self-importance while trying to expand their limited powers.  If it weren’t so dangerous, it’d be pitiful. ...

February 11, 2014

Don't keep us out of the environment

The National Environmental Policy Act (NEPA) was intended to protect the human environment, not to keep humans out of the environment.  Yet that is exactly how the United States Forest Service is using NEPA – to keep people away from forests.  The Service is closing forest access to those among us who are unable to hike countless  ...

January 15, 2014

Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department of the Interior refused to renew a permit that the farm needs to remain in ...

January 14, 2014

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which would prevent the closure of the farm. The oyster farm will have to consider its ...

October 25, 2013

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in their case. That opinion upheld the trial court’s denial of an injunctio ...