We reported previously on a district court decision enjoining the implementation of a settlement reached between the U.S. Forest Service and the Sierra Club that required the Forest Service to analyze future drilling proposals on split estates in the Allegheny National Forest (ANF) under the National Environmental Policy Act (NEPA) prior to issuing a Notice to Proceed (see here).

That decision was recently upheld by the United States Court of Appeals for the Third Circuit.  For a copy of the Court of Appeals' decision, see here (Case Nos. 10-1265 and 2332).