» NEPA

Nuclear Regulatory Commission Violates NEPA by Allowing Licensing Decisions to Stand While NEPA Defects Are Corrected

July 2018 Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission 2018 U.S. App. LEXIS 20215 The District of Columbia Circuit recently held that the U.S. Nuclear Regulatory Commission’s practice of leaving licensing decisions in effect while under… Read More
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U.S. Fish & Wildlife Service and National Marine Fisheries Service Propose Revisions to Endangered Species Act Regulations

 July 2018 The U.S. Fish and Wildlife Service (“Service”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (together “Agencies”) have jointly proposed revisions to regulations that implement p… Read More
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Please Note Our New Address

Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions. Read More
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Withdrawal of Mitigation Measure after Project Approval Triggers Need for Supplemental EIS

League of Wilderness Defenders / Blue Mountains Biodiversity Project v. Connaughton — F.3d — (2014)  The Ninth Circuit Court of Appeals recently held that a supplemental Environmental Impact Statement (“EIS”) was required when the Fo… Read More
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Categories: NEPA

NEPA Does Not Require Analysis of Impacts of Continued Operations

Moapa Band of Paiutes v. U.S. Bureau of Land Management (9th Cir. 2013) 546 Fed.Appx. 655; Moapa Band of Paiutes v. U.S. Bureau of Land Management (D. Nev., Oct. 6, 2011, 2:10-CV-02021-KJD) 2011 WL 4738120 aff’d sub nom. Moapa Band of Paiut… Read More
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Categories: NEPA

NEPA: Local Injury Allows Party to Challenge Any Alleged Inadequacies of the FEIS; Discussion of Specific Global Climate Change Impacts not Required

The United States Court of Appeals, District of Columbia Circuit, held that allegations of a local injury establish standing to challenge a Final Environmental Impact Report's (FEIS) discussion of global climate change. The Court also held that disc… Read More
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Categories: NEPA

Construction of Pipeline not Major Federal Action under NEPA

The D.C. District Court issued a decision in Sierra Club v. U.S. Army Corps of Engineers on November 13, 2013, denying the plaintiff Sierra Club's request to stop the construction of the privately owned Flanagan South oil pipeline by Enbridge. Sierr… Read More
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Categories: NEPA

Section 303(d) Listing does not Prevent Corps from Approving New Mining Activities

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers (2013) ___ F.3d ___ Against the background of an impaired watershed subject to Section 303(d), the Fourth Circuit has affirmed a decision by the Army Corps of Engineers’ to i… Read More
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Categories: NEPA, Water

Forest Plan May Remain In Place While Forest Service Corrects NEPA Deficiency

Pacific Rivers Council v. U.S. Forest Service, et al. (2013) __ F.Supp.2d __ In a case involving the appropriate remedy to address National Environmental Policy Act (“NEPA”) violations, the United States District Court for the Eastern District of… Read More
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Categories: NEPA

Predevelopment Loan Does Not Constitute Preapproval of Project under CEQA

Neighbors for Fair Planning v. City and County of San Francisco (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that a lead agency’s predevelopment loan to a project applicant prior to the certification of an environmental impact… Read More
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Categories: CEQA, NEPA