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Full-Text Articles in Law
Reconsidering Nepa, Brigham Daniels, Andrew P. Follett, James Salzman
Reconsidering Nepa, Brigham Daniels, Andrew P. Follett, James Salzman
Indiana Law Journal
The National Environmental Policy Act (NEPA) ushered in the modern era of environmental law. Thanks to its environmental impact statement (EIS) provision, it remains, by far, the most litigated environmental statute. Many administrations have sought to weaken the law. The Trump administration, for example, put into place regulations that strictly limit the EIS process, which the Biden administration seems poised to roll back. For the most part, however, NEPA has shown remarkable staying power and resilience since its passage just over fifty years ago. As a result, its legislative history remains relevant. But the accepted history of NEPA is deeply …
350 Montana V. Bernhardt, Ryan W. Frank
350 Montana V. Bernhardt, Ryan W. Frank
Public Land & Resources Law Review
In its second trip before the District Court of Montana, the Bull Mountain Mine expansion was again halted, this time due to coal train derailments. The Bull Mountain Mine expansion, previously enjoined in 2015 for violating the National Environmental Policy Act, was revived in 2018 when the Office of Surface Mining Reclamation and Enforcement approved the expansion a second time. Here, the court found the Office of Surface Mining Reclamation and Enforcement did not comply with the National Environmental Policy Act on grounds that the Environmental Assessment failed to properly analyze the risk of train derailments.
Cascadia Wildlands V. Woodruff, Erick A. Valencia
Cascadia Wildlands V. Woodruff, Erick A. Valencia
Public Land & Resources Law Review
Predator management has long been a source of contention among the general public, and few predators have had a more polarizing effect on the public than wolves. Cascadia Wildlands v. Woodruff is yet another example of the tension between conservationists and private interests. In this case, Wildlands opposed the federal government’s FONSI and EA regarding Wildlife Services’s involvement in assisting the WDFW to implement its Wolf Conservation and Management Plan. The district court determined that Wildlife Services had acted arbitrarily and vacated Wildlife Services’s FONSI and EA.
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
Akron Law Review
This article suggests an enhanced role for the EPA and the other agencies that have authority to protect our natural resources, including the FWS, NPS, and others. These agencies should have authority to evaluate the environmental assessments leading to a FONSI and require preparation of an EIS pursuant to NEPA. This paper also suggests that these agencies need more authority in the substantive decision of choice of an alternative action pursuant to the EIS, and the determination of whether the proposed action should proceed based on the conclusions in the EIS. This could be accomplished with an amendment to the …
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Public Land & Resources Law Review
As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.
Using Nepa In The Fight For Environmental Justice, Heather E. Ross
Using Nepa In The Fight For Environmental Justice, Heather E. Ross
William & Mary Environmental Law and Policy Review
No abstract provided.
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
American University Law Review
No abstract provided.
The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson
The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson
Indiana Law Journal
No abstract provided.
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Cleveland State Law Review
This article will analyze five major specialized environmental review statutes which affect the greatest number of federal activities, including 1) the Fish and Wildlife Coordination Act of 1958; 2) the Endangered Species Act of 1973; 3) the National Historic Preservation Act of 1966; 4) the Wild and Scenic Rivers Act of 1974; 5) the Coastal Zone Management Act of 1972, and will evaluate their existing judicial interpretations, identify emerging trends in the law, highlight the problems that have arisen owing to the proliferation of environmental statutes and finally offer suggestions for the future.
Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning
Fordham Urban Law Journal
In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …
Nepa: Full Of Sound And Fury?
University of Richmond Law Review
Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.