69 Cited authorities

  1. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,150 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  2. 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]'"
  3. 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"
  4. Kleppe v. Sierra Club

    427 U.S. 390 (1976)   Cited 1,017 times   2 Legal Analyses
    Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."
  5. 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
  6. Blue Mt. Biodiversity Proj. v. Blackwood

    161 F.3d 1208 (9th Cir. 1998)   Cited 345 times   1 Legal Analyses
    Holding that conflicting evidence on the effects of ecological intervention in post-fire landscapes made a proposed project highly uncertain, thus requiring an EIS
  7. Southwest Center v. U.S. Forest Service

    100 F.3d 1443 (9th Cir. 1996)   Cited 357 times
    Holding that the "finding [of no effect] obviates the need for formal consultation under the ESA"
  8. Kern v. U.S. Bureau of Land Management

    284 F.3d 1062 (9th Cir. 2002)   Cited 261 times
    Holding that a cumulative impact analysis was insufficient where the revised EA did not "analyz[e] the impact of reasonably foreseeable future timber sales within the District" that the petitioner identified
  9. Gifford Pinchot Task F. v. U.S. Fish W

    378 F.3d 1059 (9th Cir. 2004)   Cited 224 times   15 Legal Analyses
    Holding that discovery of new facts “mandates reinitiating formal consultations” and that “[the consulting agency] was obligated to reinitiate consultation pursuant to 50 C.F.R. Section 402.16”
  10. National Parks Conservation Ass'n v. Babbitt

    241 F.3d 722 (9th Cir. 2001)   Cited 233 times
    Holding EIS must be prepared where monitoring and mitigation measures were uncertain
  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 701 - Application; definitions

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

    5 U.S.C. § 702   Cited 7,051 times   24 Legal Analyses
    Granting judicial review of "agency action"
  16. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,614 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  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 551 - Protection of national forests; rules and regulations

    16 U.S.C. § 551   Cited 263 times
    Authorizing the promulgation of rules covering use of the national forests and providing for criminal sanctions for violation of those rules
  19. Section 1857 to 1857c-9 - Transferred

    42 U.S.C. § 1857 - 42 U.S.C. § 1857c-9   Cited 188 times

    42 U.S.C. § 1857 to 1857c-9 EDITORIAL NOTES CODIFICATIONSection 1857, act July 14, 1955, ch. 360, title I, §101, formerly §1, as added Dec. 17, 1963, Pub. L. 88-206, §1, 77 Stat. 392; renumbered title I, §101, and amended Oct. 20, 1965, Pub. L. 89-272, title I, §101(2), (3), 79 Stat. 992; Nov. 21, 1967, Pub. L. 90-148, §2, 81 Stat. 485, which related to Congressional findings and declaration of purpose, was transferred to section 7401 of this title.Section 1857a, act July 14, 1955, ch. 360, title

  20. Section 478 - Egress or ingress of actual settlers; prospecting

    16 U.S.C. § 478   Cited 76 times
    Acknowledging the Secretary of Agriculture's authority under 16 U.S.C. § 551, and other provisions, to prescribe rules and regulations to prevent "depredations upon the public forests and national forests" but noting such authorization "shall not be construed as prohibiting any person . . . from entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof"
  21. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 751 times   9 Legal Analyses
    Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required
  22. Section 402.02 - Definitions

    50 C.F.R. § 402.02   Cited 488 times   18 Legal Analyses
    Defining "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to . . . actions directly or indirectly causing modifications to the land, water, or air"
  23. 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
  24. Section 1502.16 - Environmental consequences

    40 C.F.R. § 1502.16   Cited 172 times   5 Legal Analyses
    Stating that the detailed statement should include: "environmental impacts of the alternatives . . ., any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal"
  25. Section 1506.6 - Public involvement

    40 C.F.R. § 1506.6   Cited 109 times   2 Legal Analyses
    Requiring “public notice of NEPA-related hearings, public meetings, and the availability of environmental documents”
  26. Section 1501.7 - Lead agencies

    40 C.F.R. § 1501.7   Cited 86 times   1 Legal Analyses
    Explaining that "scoping" is the process "for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action"
  27. 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"
  28. Section 228.4 - Plan of operations-notice of intent-requirements

    36 C.F.R. § 228.4   Cited 59 times   1 Legal Analyses
    Requiring plan of operations to the Forest Service
  29. Section 220.6 - Categorical exclusions

    36 C.F.R. § 220.6   Cited 53 times   2 Legal Analyses
    Defining the contents of a Decision Memo
  30. Section 220.4 - General requirements

    36 C.F.R. § 220.4   Cited 36 times   4 Legal Analyses
    Providing that cumulative effects analyses need not "catalogue or exhaustively list and analyze all individual past actions"