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