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NEPA's Promise: A Future in Which We All Thrive

NEPA is not about my agenda or your agenda. It is about solutions that work for all of us. This Comment offers a litmus test. The first section explains the promise NEPA makes to each of us, describing the integration, information, and inclusion that NEPA brought to our federal statutory framework in a way not previously seen and describing how NEPA enhances our democracy by holding the government accountable to the people it serves—by giving the public a right to information, as well as the right to provide information.

Friends of Animals v. Romero

The Second Circuit affirmed denial of a challenge to NPS' approval of a white-tailed deer management plan for the Fire Island National Seashore. An animal rights group argued that NPS violated NEPA because it lacked information about deer movement on the island that was essential to the decisionmaki...

Native Village of Nuiqsut v. Bureau of Land Management

A district court denied a request to invalidate BLM's approval of exploratory drilling in the National Petroleum Reserve-Alaska (NPR-A). Environmental groups and a Native village first argued that BLM's EA failed to account for significant impacts to caribou and subsistence activities, in violation ...

Idaho Conservation League v. U.S. Forest Service

A district court granted in part and denied in part a motion for summary judgment in a challenge to the U.S. Forest Service's approval of a mining company's permit to explore for gold in the Caribou-Targhee National Forest. Environmental groups first argued that the Forest Service violated NEPA by f...

Center for Biological Diversity v. Ross

A district court vacated exempted fishing permits issued by NMFS that allowed two vessels to engage in commercial longline fishing in federal waters off the coast of California for two years. Environmental groups contended that the permits threatened the survival and recovery of Pacific leatherback ...

Citizens for a Healthy Community v. United States Bureau of Land Management

A district court enjoined approved permits and suspended applications for new permits for oil and gas development in Colorado until BLM completes its analysis of reasonably foreseeable indirect impacts. In a previous ruling, the court concluded that BLM had failed to sufficiently explain the scope o...

National Parks Conservation Association v. Semonite

A district court upheld the U.S. Army Corps of Engineers' approval of a permit for an already-constructed 17-mile transmission line after the D.C. Circuit found that the Corps had failed to prepare an EIS for the line in violation of NEPA. The court found that vacatur was not appropriate because rev...

WildEarth Guardians v. Bernhardt

A district court enjoined the expansion of an underground coal mine into a roadless area in the Gunnison National Forest. Environmental groups argued that OSM's approval of the expansion violated NEPA by failing to consider methane flaring as an alternative. The court found that OSM was required to ...