’” Blue Mountains Biodiversity Project v. Blackwood, 161 F.3d 1208, 1216 (9th Cir. 1998) (quoting 40 C.F.R. § 1500.1(a)); see also 42 U.S.C. § 4321 (“The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable 56 To this point, however, Plaintiffs respond that the Agencies had always asserted that the Century Park East Station was precluded by the WBHL, whereas now the Agencies assert that an entirely different fault zone precludes the station, but the public has not had an opportunity to present data near that fault zone. See FDR ¶ 379.

III. ARGUMENT A. This Court Has Jurisdiction to Review Plaintiffs’ Claims 1. Subject Matter Jurisdiction Plaintiffs‘ claims that the Ex-Im Bank violated a federal statute—the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq.—present questions of federal law that this Court has jurisdiction to review under 28 U.S.C. § 1331. The APA waives the government‘s sovereign immunity and provides a private cause of action for challenges to final agency actions that violate NEPA.

D. National Environmental Policy Act NEPA serves the dual purpose of informing agency decision makers of the environmental effects of proposed major federal actions and ensuring that relevant information is made available to the public. See 42 U.S.C. § 4321; 40 C.F.R. § 1501.1 (2005); Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 349 (1989).

Record of Decision for the Final Environmental Impact Statement and Revised Land and Resource Management Plan ("2009 ROD"), 11-01, 4. Plaintiffs allege the Forest Service violated the National Environmental Policy Act ("NEPA"), 42 U.S.c. § 4321 et seq., and the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.c. §§ 1271-1287, in promulgating the Revised Forest Plan. Declaratory and injunctive relief under the Administrative Procedure Act (HAPA"), 5 U.S.C. §§ 701-706 are sought. Plaintiffs are the Beaverhead County Commissioners Tom Rice and Mike McGinley along with a coalition of individuals and organizations with interests in the Forest.

2. Second Claim for Relief, for violation of the National Environmental Policy Act (“NEPA”), 42 U.S.C. §4321 et seq., and the APA, on the ground that defendants’ issuance of the Secretarial Procedures is arbitrary and capricious, in excess of statutory jurisdiction, authority, or limitations, not in accordance with law, and without observance of procedure required by law (5 U.S.C. §706(2)), because issuance of the Secretarial Procedures is a major federal action that could significantly affect the quality of the environment, and defendants did not prepare any detailed statement or otherwise comply with the requirements of NEPA, 42 U.S.C. §4332, in connection with the issuance of the Secretarial Procedures. 3.

See id. § 330.6(a); Sierra Club v. Bostick, 787 F.3d 1043, 1053-54 (10th Cir. 2015). C. The National Environmental Policy Act Congress enacted NEPA, 42 U.S.C. §§ 4321-4347, to establish a process for federal agencies to consider the environmental impacts of their actions. Vt. Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 558 (1978). NEPA imposes procedural, not substantive, requirements.

Or. Natural Res. Council Action v. U.S. Forest Serv., 293 F. Supp. 2d 1200, 1204 (D. Or. 2003) (citing 42 U.S.C. § 4321; 40 C.F.R. § 1501.1(c)).

Decision and Finding of No Significant Impact (the Decision), AR1; AR181. Cascadia claims that USDA Wildlife Services violated the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4347, because the agency failed to take a hard look at the impacts of its Decision to assist Oregon in lethally removing some wolves who chronically attack and kill livestock. Cascadia also argues that USDA Wildlife Services inaccurately concluded that its assistance to Oregon would not cause significant environmental impacts.

AR 14844-45, 14858, 14861, 25367-68, 25425, 27421, 27450-51, 27510-11. Neither the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (1970) (“NEPA”) nor CEQA required such review in light of the independent character and utility of each of the transfers possible or proposed each year. CAR 434, 438; AR 27451, 27510- 11.

NEPA, for starters, requires agencies to “follow certain procedures prior to undertaking any” action “that may affect the environment.” Hodges v. Abraham, 300 F.3d 432, 438 (4th Cir. 2002); see 42 U.S.C. §§ 4321 et seq. These requirements are implemented, in part, through regulations promulgated by the Department and the Council on Environmental Quality.