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Rattlesnake Coalition v. EPA

ELR Citation: 37 ELR 20300
Nos. No. 05-36097, (9th Cir., 12/07/2007)

The Ninth Circuit affirmed dismissal of an action against the U.S. Environmental Protection Agency (EPA) and others under the National Environmental Policy Act (NEPA) in which an environmental group sought injunctive, declaratory, and other relief relating to the preparation of certain environmental assessments prior to the implementation of the Missoula wastewater facilities plan update. A grant of federal funds in support of a local action will not constitute a major federal action under NEPA where the proportion and nature of the federal funding is insignificant in the overall project and where the federal government does not exert power, authority, and control over the state project. Congressional appropriation of funds in support of a specific project within the plan does not constitute a final agency action and the court therefore lacks subject matter jurisdiction.