69 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,712 times 141 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"
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,354 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
Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,749 times 60 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]'"
Citizens to Preserve Overton Park v. Volpe
401 U.S. 402 (1971) Cited 6,012 times 8 Legal Analyses
Holding a decision is committed to agency discretion when there is "no law to apply"
Massachusetts v. Environmental Protection Agency
549 U.S. 497 (2007) Cited 1,178 times 97 Legal Analyses
Holding that denials of petitions for rulemaking are judicially reviewable
Robertson v. Methow Valley Citizens Council
490 U.S. 332 (1989) Cited 1,402 times 11 Legal Analyses
Holding NEPA does not require a "worst case analysis"
Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.
462 U.S. 87 (1983) Cited 1,161 times 5 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"
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,185 times 14 Legal Analyses
Holding that reviewing court may consider only grounds invoked by agency
Kleppe v. Sierra Club
427 U.S. 390 (1976) Cited 1,020 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."
Olenhouse v. Commodity Credit Corp.
42 F.3d 1560 (10th Cir. 1994) Cited 480 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"
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,810 times 227 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,293 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
42 U.S.C. § 4332 Cited 3,648 times 28 Legal Analyses
Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
Section 4321 - Congressional declaration of purpose
42 U.S.C. § 4321 Cited 3,512 times 30 Legal Analyses
Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
Section 4331 - Congressional declaration of national environmental policy
42 U.S.C. § 4331 Cited 701 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"
Section 1701 - Congressional declaration of policy
43 U.S.C. § 1701 Cited 554 times 4 Legal Analyses
Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land
Section 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved
30 U.S.C. § 181 Cited 334 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
Section 1131 - National Wilderness Preservation System
16 U.S.C. § 1131 Cited 252 times
Recognizing agency's power to regulate wilderness area as the agency had been empowered prior to the designation as a wilderness area
Section 226 - Lease of oil and gas lands
30 U.S.C. § 226 Cited 234 times 5 Legal Analyses
Holding the Secretary responsible for oil and gas leasing
Rule 32 - Form of Briefs, Appendices, and Other Papers
Fed. R. App. P. 32 Cited 231 times 7 Legal Analyses
Providing that a principle brief may not exceed 30 pages
Section 1502.16 - Environmental consequences
40 C.F.R. § 1502.16 Cited 177 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"
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"
Section 1502.4 - Scoping
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"
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. . . ."
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
Section 228.102 - Leasing analyses and decisions
36 C.F.R. § 228.102 Cited 8 times
(a)Compliance with the National Environmental Policy Act of 1969. In analyzing lands for leasing, the authorized Forest officer shall comply with the National Environmental Policy Act of 1969, implementing regulations at 43 CFR parts 1500-1508, and Forest Service implementing policies and procedures set forth in Forest Service Manual chapter 1950 and Forest Service Handbook 1909.15. (b)Scheduling analysis of available lands. Within 6 months of April 20, 1990, Forest Supervisors shall develop, in
Section 3160.0-4 - Objectives
43 C.F.R. § 3160.0-4 Cited 3 times
The objective of these regulations is to promote the orderly and efficient exploration, development and production of oil and gas. 43 C.F.R. §3160.0-4 48 FR 36583, Aug. 12, 1983
Section 1610.5-6 - Revision
43 C.F.R. § 1610.5-6 Cited 2 times
A resource management plan shall be revised as necessary, based on monitoring and evaluation findings (§ 1610.4-9 ), new data, new or revised policy and changes in circumstances affecting the entire plan or major portions of the plan. Revisions shall comply with all of the requirements of these regulations for preparing and approving an original resource management plan. 43 C.F.R. §1610.5-6 48 FR 20368, May 5, 1983, as amended at 81 FR 89661, Dec. 12, 2016; 82 FR 60555, Dec. 21, 2017 82 FR 60555

San Juan Citizens Alliance et al v. United States Bureau of Land Management et al

69 Cited authorities

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"

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

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]'"

Holding a decision is committed to agency discretion when there is "no law to apply"

Holding that denials of petitions for rulemaking are judicially reviewable

Holding NEPA does not require a "worst case analysis"

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"

Holding that reviewing court may consider only grounds invoked by agency

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."

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"

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Making affidavits and declarations effectively synonymous

Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

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"

Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land

Recognizing agency's power to regulate wilderness area as the agency had been empowered prior to the designation as a wilderness area

Holding the Secretary responsible for oil and gas leasing

Providing that a principle brief may not exceed 30 pages

Noting that agencies should "make explicit reference . . . to the scientific and other sources relied upon for conclusions in the statement"

Stating that an EIS may be required "for broad Federal actions such as the adoption of new agency programs or regulations"

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. . . ."