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Matsumoto v. Brinegar

Citation: 8 ELR 20198
No. No. 75-2245, 568 F.2d 1289/12 ERC 1331/(9th Cir., 02/01/1978)

The Ninth Circuit affirms a lower court's decision denying all relief in a suit challenging the construction of a proposed airport on the grounds of alleged violations of the National Environmental Policy Act (NEPA) andthe Airport and Airway Development Act. Stating that NEPA is essentially a procedural statute, the court rules that review of the agency decision on the merits of the proposal is not required. The court then examines the procedural sufficiency of the project environmental impact statement and finds that it adequately complies with the statutory requirements.

Counsel for Plaintiffs-Appellants
Richard H. Greener
Webb, Johnson, Redford & Greener
P.O. Box 2753, Boise ID 83702
(208) 342-6571

Counsel for Defendants-Appellees
John J. Zimmerman
Land & Natural Resources Division
Department of Justice, Washington DC 20530
(202) 737-8200

Before MERRILL and TRASK, Circuit Judges, and TAKASUGI,* District Judge.