44 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,630 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  2. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  3. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,001 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )
  4. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,389 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"
  5. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,961 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
  6. Department of Transportation v. Public Citizen

    541 U.S. 752 (2004)   Cited 602 times   30 Legal Analyses
    Holding that, under the National Environmental Policy Act, an agency cannot be considered the legal "cause" of an action that it has no statutory discretion to avoid
  7. Lands Council v. Powell

    395 F.3d 1019 (9th Cir. 2004)   Cited 475 times   1 Legal Analyses
    Holding that reliance on 13–year–old habitat studies was arbitrary and capricious
  8. Klamath-Siskiyou v. Bureau of Land

    387 F.3d 989 (9th Cir. 2004)   Cited 217 times   1 Legal Analyses
    Holding that a cumulative impact analysis was inadequate where the EA did not address "the potential for a combined effect from the combined runoffs" from two separate minerals or the effect of the loss of the spotted owl's habitat on the region that the petitioner identified
  9. City of Carmel-By-The-Sea v. U.S. Dep't of Transp.

    123 F.3d 1142 (9th Cir. 1996)   Cited 247 times
    Holding that executive orders with "specific statutory foundation" that do not expressly preclude judicial review are treated as agency action and reviewed under the APA
  10. Earth Island Institute v. U.S. Forest Serv

    351 F.3d 1291 (9th Cir. 2003)   Cited 199 times
    Holding that a cumulative impact analysis violated NEPA when a FEIS did not assess the role of foreseeable future projects on remaining suitable spotted owl habitat in a nearby home range core area within close proximity to the project's area
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,030 times   17 Legal Analyses
    Permitting the use of declarations instead
  15. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,365 times   36 Legal Analyses
    Adopting the definition given in Section 551
  16. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,051 times   24 Legal Analyses
    Granting judicial review of "agency action"
  17. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,499 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
  18. Section 303 - Policy on lands, wildlife and waterfowl refuges, and historic sites

    49 U.S.C. § 303   Cited 674 times   4 Legal Analyses
    Listing requirements applicable to the Secretary of Transportation
  19. Section 138 - Preservation of parklands

    23 U.S.C. § 138   Cited 228 times   2 Legal Analyses

    (a) DECLARATION OF POLICY.- (1) IN GENERAL.-It is the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. (2) COOPERATION AND CONSULTATION.- (A) IN GENERAL.-The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include

  20. Section 1500.1 - Purpose and policy

    40 C.F.R. § 1500.1   Cited 460 times   2 Legal Analyses
    Explaining that the purpose of NEPA's procedures is to make information available before decisions are made
  21. Section 1502.24 - Environmental review and consultation requirements

    40 C.F.R. § 1502.24   Cited 111 times
    Noting that agencies should "make explicit reference . . . to the scientific and other sources relied upon for conclusions in the statement"
  22. Section 1500.2 - Reserved

    40 C.F.R. § 1500.2   Cited 71 times
    Directing federal agencies to "[i]ntegrate the requirements of NEPA with other planning and environmental review procedures required by law or by agency practice so that all such procedures run concurrently rather than consecutively"
  23. Section 774.17 - Definitions

    23 C.F.R. § 774.17   Cited 34 times
    Stating that an alternative is not prudent if: it “compromises the project to a degree that it is unreasonable to proceed with the project in light of its stated purpose and need”; causes severe “social, economic, or environmental impacts,” “disruption to established communities,” or “impacts to environmental resources protected under other Federal statutes”; “results in additional construction, maintenance, or operational costs of an extraordinary magnitude”; or “involves multiple factors in ... this definition, that while individually minor, cumulatively cause unique problems or impacts of extraordinary magnitude”
  24. Section 1502.8 - Writing

    40 C.F.R. § 1502.8   Cited 17 times
    Stating that an EIS "shall be concise, clear, and to the point"
  25. Section 1502.18 - List of preparers

    40 C.F.R. § 1502.18   Cited 10 times
    Requiring an appendix to “[c]onsist of material prepared in connection with an environmental impact statement (as distinct from material which is not so prepared and which is incorporated by reference (§ 1502.21))”
  26. Section 774.7 - Documentation

    23 C.F.R. § 774.7   Cited 8 times

    (a) A Section 4(f) evaluation prepared under § 774.3(a) shall include sufficient supporting documentation to demonstrate why there is no feasible and prudent avoidance alternative and shall summarize the results of all possible planning to minimize harm to the Section 4(f) property. (b) A de minimis impact determination under § 774.3(b) shall include sufficient supporting documentation to demonstrate that the impacts, after avoidance, minimization, mitigation, or enhancement measures are taken into