The Ninth Circuit Court of Appeals today released an opinion in THE LANDS COUNCIL v. MARTIN, No. 07-35804, an appeal in a civil action against the United States. The panel consisted of Susan P. Graber, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

GRABER, Circuit Judge:
A forest fire burned thousands of acres of national forest in southeastern Washington, the United States Forest Service initiated a salvage logging operation, and we are called upon to determine whether the Forest Service took the requisite “hard look” under the National Environmental Policy Act of . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. CAMPION, No. 06-15410, an appeal in a civil action against the United States. The panel consisted of William C. Canby, Jr. and Milan D. Smith, Jr., Circuit Judges, and Stephen G. Larson, District Judge.

CANBY, Circuit Judge:
In this case, we review a district judge’s discretion to exclude expert testimony regarding electromagnetic fields (”EMFs”) in a condemnation action. The United States condemned an easement on land belonging to Donn Campion for the construction of power transmission lines. At trial, both sides offered expert testimony regarding diminution of value of the remaining land resulting from the power lines within the easement. While some of this testimony was allowed, the judge refused to let Campion’s expert, an environmental planner, testify about specific EMF levels on the land and the types of questions developers typically ask her about EMFs. A jury found that Campion was entitled to just compensation in the amount of $2,023,715. The district court entered judgment, and Campion appeals the exclusion of expert testimony. We affirm. FACTUAL BACKGROUND Campion owns 3,220 acres of land in Merced County, California. Acting on behalf of the Department of Energy and the Western Area Power Administration, the United States filed an eminent domain action to acquire a right of way easement . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. SAWYER, No. 05-17347, an appeal in a civil action against the United States. The panel consisted of William C. Canby, Jr. and Milan D. Smith, Jr., Circuit Judges, and Stephen G. Larson, District Judge.

CANBY, Circuit Judge:
Pursuant to a 2001 order of the Secretary of Energy, the Western Area Power Administration (”WAPA”) selected certain land estates in the western portion of the San Joaquin Valley in California, where it planned to construct a highvoltage transmission line. The United States began condemnation proceedings in the district court on behalf of WAPA, seeking transmission easements on the lands selected by WAPA. Sawyer and a few other individual owners of condemned property (collectively “Sawyer”) challenged the government’s exercise of its power of eminent domain, claiming that the taking lacked proper congressional authorization, was not for a “public use” as required by the Takings Clause, and violated California law. The district court dismissed Sawyer’s objections and, when the parties reached an agreement on the compensation amount, entered summary judgment sua sponte. Sawyer filed this appeal. We affirm. BACKGROUND In 2001, in an effort to mitigate California’s electric power transmission constraints, the Secretary of Energy directed WAPA to prepare plans to construct the Los Banos-Gates Transmission Project, or Path 15 Upgrade. The project consists of an additional 84-mile, 500-kilovolt transmission line along Path 15, which is located in the western portion of the San Joaquin Valley and connects its northern terminus near Los Banos, California with its southern terminus at the Gates Substation near Coalinga, California. See Department of . . .

The Ninth Circuit Court of Appeals today released an opinion in LE v. BARNHART, No. 06-56804, an appeal in a civil action against the United States. The panel consisted of William A. Fletcher and Ronald M. Gould, Circuit Judges, and Louis H. Pollak, Senior District Judge..

GOULD, Circuit Judge:
Appellant Minh Le (”Le”) first applied for Supplemental Social Security (”SSI”) benefits in September 1994, claiming an onset of disability of February 1994. His application was denied by an administrative law judge in October 1997, but that judgment was reversed by the district court and Le’s application was remanded to the Commissioner for additional proceedings. Le then moved in the district court for attorney’s fees under the Equal Access to Justice Act (”EAJA”), 28 U.S.C. § 2412(d). The district court denied the EAJA motion, concluding that the government’s position was “substantially justified.” Le timely appealed the denial of EAJA fees, and we now affirm. [1] We review the district court’s denial of EAJA fees under an abuse of discretion standard. Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002). Under EAJA, a prevailing party in a suit against the government is entitled to fees in. . .

The Ninth Circuit Court of Appeals today released an opinion in NELSON v. NASA, No. 07-56424, an appeal in a civil action against the United States. The panel consisted of David R. Thompson and Kim McLane Wardlaw, Circuit Judges, and Edward C. Reed, Jr., District Judge.

WARDLAW, Circuit Judge: The named appellants in this action (”Appellants”) are scientists, engineers, and administrative support personnel at the Jet Propulsion Laboratory (”JPL”), a research laboratory run jointly by the National Aeronautics and Space Administration (”NASA”) and the California Institute of Technology (”Caltech”). Appellants sued NASA, Caltech, and the Depart. . .

Our prior opinion filed on January 11, 2008, and reported at 512 F.3d 1134 is vacated concurrent with the filing of a new opinion today. The petition for panel rehearing and the petition for rehearing en banc are denied as moot. The parties may file new petitions for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure. IT IS SO ORDERED. OPINION WARDLAW, Circuit Judge: The named appellants in this action (”Appellants”) are scientists, engineers, and administrative support personnel at the Jet Propulsion Laboratory (”JPL”), a research laboratory run jointly by the National Aeronautics and Space Administration (”NASA”) and the California Institute of Technology (”Caltech”). Appellants sued NASA, Caltech, and the Depart. . .

The Ninth Circuit Court of Appeals today released an opinion in RYAN v. COMMISSIONER OF SOCIAL SECURITY, No. 06-15291, an appeal in a civil action against the United States. The panel consisted of Betty B. Fletcher, William C. Canby, Jr., and Johnnie B. Rawlinson, Circuit Judges.

B. FLETCHER, Circuit Judge:
Plaintiff-Appellant Karen L. Ryan appeals the district court’s order granting summary judgment in favor of the Defendant-Appellee, upholding the Commissioner of Social Security’s decision denying her application for Title II disability benefits. The Administrative Law Judge (”ALJ”) did not give full weight to the opinions of two examining psychologists, characterizing their opinions as too heavily based on Ryan’s “subjective complaints,” and as being inconsistent with the records of Ryan’s treating physician, a family practitioner. There was no inconsistency. The records of Ryan’s treating physician, if anything, supported the examining psychologist’s assessment that Ryan was incapable of maintaining a regular work schedule. Because substantial evidence does not support the ALJ’s denial of disability benefits, we reverse. . . .

RAWLINSON, Circuit Judge, dissenting:
I respectfully dissent because, in my view, substantial evidence supports the decision of the Administrative Law Judge (ALJ). Unlike the majority, I am persuaded that the ALJ gave proper weight to the opinions of all medical providers. For purpose of this appeal, Social Security claimant Karen Ryan (Ryan) began visiting her treating physician, Dr. Monigatti-Lake regarding “her situation at work” on October 18, 1999. Ryan informed Dr. Monigatti-Lake that Ryan was on administrative leave following a random drug test during which she tested “positive for THC and apparently some amphetamines.” Dr. Monigatti-Lake diagnosed Ryan as experiencing a “stressful situation due to Ryan’s work difficulties,” which occurred “a couple of months” before “her 5 yr. retirement contract.” Although Ryan expressed optimism about continuing with her employment, it was not to be. Ryan was terminated, and visited Dr. Monigatti-Lake on December 14, 1999, complaining of feelings of immobility, panic attacks, [and] crying spells.” Ryan reported that Effexor she was taking was not. . .

The Ninth Circuit Court of Appeals today released an opinion in OUR CHILDREN v. EPA, No. 05-16214, an appeal in a civil action against the United States. The panel consisted of J. Clifford Wallace, Dorothy W. Nelson, and M. Margaret McKeown, Circuit Judges.

McKEOWN, Circuit Judge: In 1972 Congress passed the Clean Water Act (”CWA” or “the Act”) “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” See Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act of 1972), Pub. L. No. 92-500, 86 Stat. 816 (1972) (codified at 33 U.S.C. § 1251(a)). Central to that legislation and later amendments is the notion that pollution discharges would be controlled through technology-based effluent limitations. Environmental advocates, Our Children’s Earth Foundation and Ecological Rights Foundation (collectively “OCE”), filed this citizen suit under the Clean Water Act, 33 U.S.C. § 1251 et seq., alleging that the Environmental Protection Agency (”EPA” or “the Agency”) has failed to fulfill its mandate to review effluent guidelines and limitations in a timely manner and in accord with technology-based standards. Specifically, OCE claims that EPA violated its statutorily-mandated duties by abandoning technology-based review in favor of hazardbased review; neglecting to identify new polluting sources; and failing to publish timely plans for future reviews. See CWA § 301(b), 33 U.S.C. § 1311(b); CWA § 301(d), 33 U.S.C. § 1311(d); CWA § 304(b), 33 U.S.C. § 1314(b); CWA § 304(m), 33 U.S.C. § 1314(m). . . .

The petition for panel rehearing is granted. The petition for rehearing en banc is denied as moot. . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. MANNING, No. 06-35613, an appeal in a civil action against the United States. The panel consisted of M. Margaret McKeown and Richard R. Clifton, Circuit Judges, and William W Schwarzer, District Judge.

McKEOWN, Circuit Judge:
The Hanford Nuclear Reservation (”Hanford”) in Washington is one of the largest sites in the country for the treatment, storage and disposal of radioactive and non-radioactive hazardous waste, currently storing over 53 million gallons of mixed radioactive and nonradioactive hazardous waste. During World War II, the United States government constructed Hanford to manufacture plutonium for military purposes. In re Hanford Nuclear Reservation Litig., ___ F.3d ___, 2008 WL 901809, *4 (9th Cir. Apr. 4, 2008) (as amended). Over the decades, the United States Department of Energy (”DOE”) has disposed of approximately 450 billion gallons of contaminated water and liquid mixed waste on the site. At least one million gallons of high-level mixed radioactive and non-radioactive hazardous waste have leaked into the environment and approximately 170 miles of groundwater beneath Hanford are contaminated. In addition, tens of millions of galFor almost twenty years there has been litigation over whether radioiodine from Hanford caused various cancers and life-threatening diseases in residents of the surrounding area. . . .

The Ninth Circuit Court of Appeals today released an opinion in WITT v. DEPARTMENT OF AIR FORCE, No. 06-35644, an appeal in a civil action against the United States. The panel consisted of William C. Canby, Senior Circuit Judge, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

GOULD, Circuit Judge:
Plaintiff-Appellant Major Margaret Witt (”Major Witt”) sued the Air Force, the Secretary of Defense, the Secretary of the Air Force, and her Air Force commander (”the Air Force”) after she was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Major Witt alleges that 10 U.S.C. § 654, commonly known as the “Don’t Ask, Don’t Tell” policy (”DADT”), violates substantive due process, the Equal Protection Clause, and procedural due process. She seeks to . . .

CANBY, Circuit Judge, concurring in part and dissenting in part:
The majority has written an opinion that is very praiseworthy as far as it goes. I concur in Parts I and II. I also concur in the first portion of Part III, to the end of subdivision (1). . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. THE WILDERNESS SOCIE, No. 06-15596, an appeal in a civil action against the United States. The panel consisted of Mary M. Schroeder, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges.

SCHROEDER, Circuit Judge:
This is a dispute over the status of a road on U.S. Forest Service land in Elko County, Nevada. The case was before us for the first time in 2002. See United States v. Carpenter, 298 F.3d 1122 (9th Cir. 2002). At that time, the intervenorappellant environmental groups wanted to object to the terms of a proposed settlement between the United States and Elko County that effectively allowed the County to repair the road. We ordered the district court to grant the motion to intervene. Id. at 1125. . . .