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Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert
Public Land & Resources Law Review
Cascadia Wildlands v. Bureau of Indian Affairs exemplifies the discretion agencies enjoy when determining how to organize and present information in environmental assessments. In a case of first impression, the court relaxed the extent of analysis necessary to comply with NEPA by allowing reasonably foreseeable future projects to be aggregated with past projects. Additionally, the court permitted the BIA to circumvent the FWS’s Recovery Plan for the northern spotted owl by holding that the CRA was subject only to the standards and guidelines of federal forest plans, not specific recovery plans.