75 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,995 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,191 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
  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,646 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]'"
  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,975 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  5. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,163 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable
  6. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,391 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"
  7. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,149 times   4 Legal Analyses
    Holding that "a reviewing court must generally be at its most deferential" when examining an agency decision made "within its area of special expertise, at the frontiers of science"
  8. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,155 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency
  9. 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."
  10. Olenhouse v. Commodity Credit Corp.

    42 F.3d 1560 (10th Cir. 1994)   Cited 475 times   1 Legal Analyses
    Holding that summary judgment practice is "inconsistent with the standards for review of agency action under the APA" and "permits the issues on appeal to be defined by the appellee" and is an "impermissible devic[e] works to the disadvantage of the appellant"
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,497 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,086 times   17 Legal Analyses
    Permitting the use of declarations instead
  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,618 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  14. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,501 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
  15. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 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"
  16. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 546 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land
  17. Section 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

    30 U.S.C. § 181   Cited 333 times   6 Legal Analyses

    Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within

  18. Section 1131 - National Wilderness Preservation System

    16 U.S.C. § 1131   Cited 251 times
    Recognizing agency's power to regulate wilderness area as the agency had been empowered prior to the designation as a wilderness area
  19. Section 226 - Lease of oil and gas lands

    30 U.S.C. § 226   Cited 232 times   5 Legal Analyses
    Holding the Secretary responsible for oil and gas leasing
  20. Rule 32 - Form of Briefs, Appendices, and Other Papers

    Fed. R. App. P. 32   Cited 229 times   7 Legal Analyses
    Providing that a principle brief may not exceed 30 pages
  21. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 752 times   10 Legal Analyses
    Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required
  22. Section 1500.1 - Purpose and policy

    40 C.F.R. § 1500.1   Cited 461 times   2 Legal Analyses
    Explaining that the purpose of NEPA's procedures is to make information available before decisions are made
  23. Section 1502.16 - Environmental consequences

    40 C.F.R. § 1502.16   Cited 172 times   6 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"
  24. 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"
  25. Section 1506.1 - Limitations on actions during NEPA process

    40 C.F.R. § 1506.1   Cited 88 times   2 Legal Analyses
    Requiring suspension of agency action if “the action is not covered by an existing program statement”
  26. Section 1502.4 - Major Federal actions requiring the preparation of environmental impact statements

    40 C.F.R. § 1502.4   Cited 80 times
    Stating that an EIS may be required "for broad Federal actions such as the adoption of new agency programs or regulations"
  27. Section 1501.2 - Apply NEPA early in the process

    40 C.F.R. § 1501.2   Cited 71 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. . . ."
  28. Section 3162.3-1 - [Effective until 6/10/2024] Drilling applications and plans

    43 C.F.R. § 3162.3-1   Cited 46 times   5 Legal Analyses
    Providing for drilling applications and plans
  29. Section 3101.1-2 - Surface use rights

    43 C.F.R. § 3101.1-2   Cited 27 times   1 Legal Analyses

    A lessee shall have the right to use so much of the leased lands as is necessary to explore for, drill for, mine, extract, remove and dispose of all the leased resource in a leasehold subject to: Stipulations attached to the lease; restrictions deriving from specific, nondiscretionary statutes; and such reasonable measures as may be required by the authorized officer to minimize adverse impacts to other resource values, land uses or users not addressed in the lease stipulations at the time operations

  30. Section 46.140 - Using tiered documents

    43 C.F.R. § 46.140   Cited 11 times

    A NEPA document that tiers to another broader NEPA document in accordance with 40 CFR 1508.28 must include a finding that the conditions and environmental effects described in the broader NEPA document are still valid or address any exceptions. (a) Where the impacts of the narrower action are identified and analyzed in the broader NEPA document, no further analysis is necessary, and the previously prepared document can be used for purposes of the pending action. (b) To the extent that any relevant