Defenders of Wildlife v. Bernal

1 Analyses of this case by attorneys

  1. Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

    Nossaman LLPDavid MillerJune 14, 2016

    While uncommon, the courts have applied the NEPA statutory conflict exemption in several other circumstances. E.g.,Douglas County v. Babbitt, 204 F.3d 920 (9th Cir. 1999) (Endangered Species Act provisions concerning designation of critical habitat displaced NEPA); Merrill v. Thomas, 807 F.2d 776 (9th Cir. 1986) (NEPA does not apply to registration of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act).