Thomas v. Peterson: The Ninth Circuit Breathes New Life Into CEQ's Cumulative and Connected Actions Regulations

September 1985
Citation:
15
ELR 10289
Issue
9
Author
Peter Hapke

Editors' Summary: Federal agencies involved in complex, multi-level planning may have to prepare multiple environmental impact statements and environmental assessments to satisfy the requirements of NEPA. A recent Ninth Circuit case, Thomas v. Peterson, has shed new light on NEPA's requirements for analysis of individual actions that are connected to other activities. The case is the first appellate ruling construing the Council on Environmental Quality's connected-action and cumulative-effect regulations. The author examines Thomas against the background of previous case law on the scope and timing of environmental reviews and analyzes the case's implications, particularly for the federal land management agencies.

Mr. Hapke is an attorney with the Natural Resources Division, Office of the General Counsel, United States Department of Agriculture. The views presented in this Article are solely those of the author and do not in any way reflect the views of the Office of the General Counsel of the Department of Agriculture.

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Thomas v. Peterson: The Ninth Circuit Breathes New Life Into CEQ's Cumulative and Connected Actions Regulations

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