News & Analysis as of

Environmental Impact Report (EIR) Arbitrary and Capricious

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

Stinson LLP on

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to Forest Service Post -...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a November 29th Opinion National Environmental Policy Act (“NEPA”) and Endangered Species Act (“ESA”) challenges to post-fire projects...more

Farrell Fritz, P.C.

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

Farrell Fritz, P.C. on

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

Foley Hoag LLP - Environmental Law

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

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