QUIET TITLE ACT: Claim to land from river accretion and creek reliction properly rejected as time-barred… Watters affirmed (memorandum). [Read more…]
Environment, preliminary injunction jurisdiction
ENVIRONMENT: Preliminary injunction properly dismissed for lack of jurisdiction… Christensen affirmed (memorandum). [Read more…]
Trail easement over ranch property
TRAIL EASEMENT over ranch properly found. . . Haddon affirmed (memorandum). [Read more…]
Environment, Bull Mountains coal lease
ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Environment, Kootenai Forest grizzlies
ENVIRONMENT: Kootenai Forest Young Dodge Project complied with ESA and NEPA as to grizzly impacts… Molloy affirmed (unpublished). [Read more…]
Sentencing, migratory birds, misdemeanor v. felony
SENTENCING: Migratory Bird Defendants’Apprendi contentions that they admitted only to misdemeanor conduct in colloquy and thus were improperly sentenced as felons precluded by law of case of prior appellate ruling upholding felony convictions… Molloy affirmed. [Read more…]
Environment, Gallatin projects, lynx/grizzlies
ENVIRONMENT: Gallatin Forest projects properly enjoined as to lynx habitat, upheld as to grizzlies… Christensen affirmed (unpublished). [Read more…]
Environment, Cabin Gulch, elk/grizzlies
ENVIRONMENT: Challenge to Cabin Gulch Vegetation Project based on elk and grizzly concerns properly rejected… Christensen affirmed (unpublished). [Read more…]
Environment, wilderness helicopter, mootness
ENVIRONMENT: Appeal of summary rejection of challenge to helicopter flights to dam in wilderness area dismissed as moot… Molloy affirmed (unpublished). [Read more…]
Establishment, Big Mountain Jesus
ESTABLISHMENT: Renewal of FS permit for Big Mountain Jesus on federal land leased to ski resort not violative of Establishment Clause… Christensen. [Read more…]