49 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 12,290 times   44 Legal Analyses
    Holding that a party seeking a preliminary injunction "must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest"
  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 5,698 times   39 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. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,671 times   6 Legal Analyses
    Holding that when the bare record is insufficient, the district court may take testimony from the decisionmakers regarding the reasoning behind the decision
  4. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,235 times   7 Legal Analyses
    Holding that the National Forest Service's interpretation of the National Environmental Policy Act was entitled to deference and reversing the decision of the Court of Appeals because it failed to give adequate deference to the Forest Service's interpretation of its own regulation
  5. Kleppe v. Sierra Club

    427 U.S. 390 (1976)   Cited 940 times
    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."
  6. Metropolitan Edison Co. v. People Against Nuclear Energy

    460 U.S. 766 (1983)   Cited 149 times   1 Legal Analyses
    Holding that the Nuclear Regulatory Commission properly considered the risk and effect of a possible nuclear accident, though it did not need to consider the effect of such risk on the psychological well-being of residents
  7. Earth Island Inst. v. U.S. Forest Service

    442 F.3d 1147 (9th Cir. 2006)   Cited 186 times
    Holding an EIS for a forest project inadequate because it failed properly to consider "tree mortality"
  8. National Parks Conservation Ass'n v. Babbitt

    241 F.3d 722 (9th Cir. 2001)   Cited 209 times
    Holding EIS must be prepared where monitoring and mitigation measures were uncertain
  9. Idaho Sporting Congress, Inc. v. Rittenhouse

    305 F.3d 957 (9th Cir. 2002)   Cited 198 times
    Holding that use of habitat as a proxy for population monitoring of the management indicator species was arbitrary and capricious where record indicated that the Forest Service's habitat standard and measurements were erroneous
  10. Klamath-Siskiyou v. Bureau of Land

    387 F.3d 989 (9th Cir. 2004)   Cited 181 times   1 Legal Analyses
    Holding that a general discussion of an environmental problem across a large area did not satisfy NEPA
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 18,213 times   130 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,390 times   22 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  13. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,305 times   26 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
  14. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 655 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"
  15. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 694 times   7 Legal Analyses
    Allowing agencies to initially develop an EA in lieu of an EIS if the EIS is not mandatory in the given context or not evidently required
  16. Section 1500.1 - Purpose and policy

    40 C.F.R. § 1500.1   Cited 409 times   2 Legal Analyses
    Explaining that the purpose of NEPA's procedures is to make information available before decisions are made
  17. Section 1502.22 - Cost-benefit analysis

    40 C.F.R. § 1502.22   Cited 147 times
    Requiring that an agency “always make clear” if it lacks information to conduct environmental analysis
  18. Section 1502.24 - Environmental review and consultation requirements

    40 C.F.R. § 1502.24   Cited 100 times
    Noting that agencies should "make explicit reference . . . to the scientific and other sources relied upon for conclusions in the statement"
  19. Section 1503.4 - Response to comments

    40 C.F.R. § 1503.4   Cited 75 times
    Requiring agencies, when preparing an EIS, to respond to comments by explaining in the EIS why the comments do not warrant further agency response and by citing the authorities or reasons that support the agency's position
  20. Section 1501.2 - Apply NEPA early in the process

    40 C.F.R. § 1501.2   Cited 67 times   2 Legal Analyses
    Requiring that "[a]gencies . . . integrate the NEPA process with other planning at the earliest possible time to insure that planning and decisions reflect environmental values. . . ."
  21. Section 989.8 - Analysis of alternatives

    32 C.F.R. § 989.8   Cited 3 times

    (a) The Air Force must analyze reasonable alternatives to the proposed action and the "no action" alternative in all EAs and EISs, as fully as the proposed action alternative. (b) "Reasonable" alternatives are those that meet the underlying purpose and need for the proposed action and that would cause a reasonable person to inquire further before choosing a particular course of action. Reasonable alternatives are not limited to those directly within the power of the Air Force to implement. They may

  22. Section 989.22 - Mitigation

    32 C.F.R. § 989.22

    (a) When preparing EIAP documents, indicate clearly whether mitigation measures ( 40 CFR 1508.20 ) must be implemented for the alternative selected. If using Best Management Practices (BMPs), identify the specific BMPs being used and include those BMPs in the mitigation plan. Discuss mitigation measures in terms of "will" and "would" when such measures have already been incorporated into the proposal. Use terms like "may" and "could" when proposing or suggesting mitigation measures. Both the public

  23. Section 46.115 - Consideration of past actions in the analysis of cumulative effects

    43 C.F.R. § 46.115   1 Legal Analyses

    When considering the effects of past actions as part of a cumulative effects analysis, the Responsible Official must analyze the effects in accordance with 40 CFR 1508.7 and in accordance with relevant guidance issued by the Council on Environmental Quality, such as "The Council on Environmental Quality Guidance Memorandum on Consideration of Past Actions in Cumulative Effects Analysis" dated June 24, 2005, or any superseding Council on Environmental Quality guidance. 43 C.F.R. § 46.115