50 Cited authorities

Citizens to Preserve Overton Park v. Volpe
401 U.S. 402 (1971) Cited 5,976 times 8 Legal Analyses
Holding a decision is committed to agency discretion when there is "no law to apply"
Califano v. Sanders
430 U.S. 99 (1977) Cited 4,289 times 4 Legal Analyses
Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"
Ohio Valley Envtl. Coalition v. Aracoma
556 F.3d 177 (4th Cir. 2009) Cited 452 times
Holding that the court cannot "simply substitute the judgment of plaintiff's experts for that of the agency's experts" because the court must defer to agency choices and methodology
United States Postal Service v. Gregory
534 U.S. 1 (2001) Cited 144 times 1 Legal Analyses
Holding that "a presumption of regularity attaches to the actions of Government agencies"
Occidental Engineering Co. v. I.N.S.
753 F.2d 766 (9th Cir. 1985) Cited 644 times
Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists
Native Ecosystems Council v. U.S. Forest Serv
418 F.3d 953 (9th Cir. 2005) Cited 175 times
Holding that the Forest Service's EIS failed to demonstrate that the proposed project complied with the applicable Forest Plan requirements, and remanding to the Forest Service to fix the error
Ecology Center v. Castaneda
574 F.3d 652 (9th Cir. 2009) Cited 124 times
Holding that, where a Forest Plan “does not address” an issue, courts must “defer to the Forest Service's reasonable interpretation of the Forest Plan's requirements”
Webster v. United States Dep't of Agriculture
685 F.3d 411 (4th Cir. 2012) Cited 104 times
Holding that the agency properly eliminated alternatives from detailed study for "reasons related to technical feasibility, pecuniary costs, and effectiveness in achieving the purposes of the action"
National Audubon Society v. Department of Navy
422 F.3d 174 (4th Cir. 2005) Cited 117 times 1 Legal Analyses
Holding that preparatory activities did not violate NEPA in part because that they did not "include cutting even a single blade of grass in preparation for construction"
Fund for Animals v. U.S. Bureau of Land Manag
460 F.3d 13 (D.C. Cir. 2006) Cited 111 times
Holding that challenges to completed gathers are moot and therefore not justiciable
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,510 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,764 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,269 times 31 Legal Analyses
Granting judicial review over " final agency action"
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"
Section 1604 - National Forest System land and resource management plans
16 U.S.C. § 1604 Cited 613 times 2 Legal Analyses
Granting the Secretary rulemaking authority over LRMP development and revision procedures
Section 1313 - Water quality standards and implementation plans
33 U.S.C. § 1313 Cited 550 times 15 Legal Analyses
Requiring a State to submit new or revised water regulations for EPA's review
Section 1600 - Congressional findings
16 U.S.C. § 1600 Cited 469 times 1 Legal Analyses
Directing agency to specify guidelines for land management plans
Section 1323 - Federal facilities pollution control
33 U.S.C. § 1323 Cited 167 times 2 Legal Analyses
Providing that "the United States shall be liable only for those civil penalties ... imposed by a State or local court to enforce an order or the process of such court"
Section 113A-57 - Mandatory standards for land-disturbing activity
N.C. Gen. Stat. § 113A-57 Cited 8 times
No land-disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements: (1) No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity. Waters
Section 1501.4 - Categorical exclusions
40 C.F.R. § 1501.4 Cited 753 times 10 Legal Analyses
Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required
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”
Section 1503.1 - Inviting comments and requesting information and analyses
40 C.F.R. § 1503.1 Cited 79 times
Explaining agencies' duties to invite and to respond to public comments on draft environmental impact statements
Section 212.55 - Criteria for designation of roads, trails, and areas
36 C.F.R. § 212.55 Cited 31 times
(a)General criteria for designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands. In designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for motor vehicle use, the responsible official shall consider effects on National Forest System natural and cultural resources, public safety, provision of recreational opportunities, access needs, conflicts among uses of National Forest System
Section 261.50 - Orders
36 C.F.R. § 261.50 Cited 30 times
(a) The Chief, each Regional Forester, each Experiment Station Director, the Administrator of the Lake Tahoe Basin Management Unit and each Forest Supervisor may issue orders which close or restrict the use of described areas within the area over which he has jurisdiction. An order may close an area to entry or may restrict the use of an area by applying any or all of the prohibitions authorized in this subpart or any portion thereof. (b) The Chief, each Regional Forester, each Experiment Station
Section 212.52 - Public involvement
36 C.F.R. § 212.52 Cited 8 times
Requiring that opportunities for public comment on proposed designations be given "consistent with agency procedures under the National Environmental Policy Act"

Southern Four Wheel Drive Assoc. et al v. United States Forest Services et al

50 Cited authorities

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

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

Holding that the court cannot "simply substitute the judgment of plaintiff's experts for that of the agency's experts" because the court must defer to agency choices and methodology

Holding that "a presumption of regularity attaches to the actions of Government agencies"

Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists

Holding that the Forest Service's EIS failed to demonstrate that the proposed project complied with the applicable Forest Plan requirements, and remanding to the Forest Service to fix the error

Holding that, where a Forest Plan “does not address” an issue, courts must “defer to the Forest Service's reasonable interpretation of the Forest Plan's requirements”

Holding that the agency properly eliminated alternatives from detailed study for "reasons related to technical feasibility, pecuniary costs, and effectiveness in achieving the purposes of the action"

Holding that preparatory activities did not violate NEPA in part because that they did not "include cutting even a single blade of grass in preparation for construction"

Holding that challenges to completed gathers are moot and therefore not justiciable

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

Adopting the definition set out in the APA

Granting judicial review over " final agency action"

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"

Granting the Secretary rulemaking authority over LRMP development and revision procedures

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

Directing agency to specify guidelines for land management plans

Providing that "the United States shall be liable only for those civil penalties ... imposed by a State or local court to enforce an order or the process of such court"

Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required

Requiring suspension of agency action if “the action is not covered by an existing program statement”

Explaining agencies' duties to invite and to respond to public comments on draft environmental impact statements

Requiring that opportunities for public comment on proposed designations be given "consistent with agency procedures under the National Environmental Policy Act"