Citizens to Preserve Overton Park v. Volpe

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

Califano v. Sanders

Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

Marsh v. Oregon Natural Resources Council

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) )

Robertson v. Methow Valley Citizens Council

Holding NEPA does not require a "worst case analysis"

Ohio Forestry Assn., Inc. v. Sierra Club

Holding that a procedural dispute is ripe “at the time the [procedural] failure takes place”

Arkansas v. Oklahoma

Holding that when using the substantial evidence standard, courts of appeals "should not supplant [an] agency's findings merely by identifying alternative findings that could be supported by substantial evidence"

Lands Council v. McNair

Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data

California Coastal Comm'n v. Granite Rock Co.

Holding that state permit requirements were not preempted by federal law, and stating that the party arguing in favor of preemption would have to demonstrate " that there is no possible set of conditions that the [state] could place on its permit that would not conflict with federal law — that any state permit requirement is per se preempted"

Neighbors of Cuddy Mountain v. Alexander

Holding that a specific sale of timber was a final agency action

Friends of the Clearwater v. Dombeck

Holding that, in actions seeking supplemental environmental studies, "review is not limited to the record as it existed at any single point in time, because there is no final agency action to demarcate the limits of the record."

Section 706 - Scope of review

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

Section 701 - Application; definitions

Adopting the definition given in Section 551

Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

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

Section 1311 - Effluent limitations

Imposing general prohibition on "the discharge of any pollutant by any person"

Section 1342 - National pollutant discharge elimination system

Granting EPA the authority to require a permit for such discharges

Section 1362 - Definitions

Defining “pollutant” to include “rock”

Section 1604 - National Forest System land and resource management plans

Granting the Secretary rulemaking authority over LRMP development and revision procedures

Section 1313 - Water quality standards and implementation plans

Requiring a State to submit new or revised water regulations for EPA's review

Section 1341 - Certification

Providing that each state "shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications."

Section 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

In §§ 401 and 403, there are prohibitions against the construction of bridges, dams, dikes, causeways, walls, piers, dolphins, booms, weirs, breakwaters, bulkheads and jetties without the prior approval of the Chief of Engineers and the Secretary of the Army, if they extend into or over navigable waters.

Section 1500.1 - Purpose and policy

Explaining that the purpose of NEPA's procedures is to make information available before decisions are made

Section 1502.24 - Environmental review and consultation requirements

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

Section 1503.4 - Response to comments

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

Section 131.12 - Antidegradation policy and implementation methods

Requiring states to develop and adopt a statewide antidegradation policy

Section 228.4 - Plan of operations-notice of intent-requirements

Requiring plan of operations to the Forest Service

Section 228.1 - Purpose

Stating that mining operations "shall be conducted so as to minimize adverse environmental impacts on [NFS] surface resources"

Section 228.8 - Requirements for environmental protection

Identifying federal and state air, water, and solid waste standards that must be complied with and requiring operators to "take all practicable measures to maintain and protect fisheries and wildlife habitat which may be affected by the operations"

Section 219.15 - Project and activity consistency with the plan

Offering these four options if "a proposed project ... would not be consistent with the application plan components"

Section 124.53 - State certification

Section 440.104 - New source performance standards (NSPS)

Limiting the amount of TSS from other kinds of mines