Using existing environmental analyses prepared pursuant to NEPA and the Council on Environmental Quality regulations

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19 cases
  • Stand Up for California v. U.S. Dep't of Interior
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 5, 2021
    ...or a new conformity determination is not required under the 552 F.Supp.3d 991 circumstances. Compare 40 C.F.R. § 93.157(a), with 43 C.F.R. §§ 46.120, 46.140.Because the Court finds that the Secretary's decision to not reevaluate the prior conformity determination comported with the law and ......
  • Alaska Wilderness League v. Jewell
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 11, 2015
    ...; 40 C.F.R. § 1500.1(c) (“NEPA's purpose is not to generate paperwork—even excellent paperwork—but to foster excellent action.”); 43 C.F.R. § 46.120(b) (“If existing NEPA analyses include data and assumptions appropriate for the analysis at hand, the [agency] should use these existing NEPA ......
  • Stand Up for California! v. United States Dep't of Interior
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 5, 2021
    ...that reevaluation or a new conformity determination is not required under the circumstances. Compare 40 C.F.R. § 93.157(a), with 43 C.F.R. §§ 46.120, 46.140. Because the Court finds that the Secretary's decision to not reevaluate the prior conformity determination comported with the law and......
  • W. Watersheds Project v. Zinke
    • United States
    • United States District Courts. 9th Circuit. District of Idaho
    • February 27, 2020
    ...during the preparation of that earlier document." Fed. Defs.' Mem. ISO MSJ & Opp. to WWP's MPSJ, pp. 22-23 (Dkt. 141) (citing 43 C.F.R. §§ 46.120(c), 46.300(a)(2) ); see also id. at pp. 32-33. This naturally presumes an "apples to apples" comparative, site-specific analysis. See WWP's Resp.......
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