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2020-06-23_REVISION - C1980007
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2020-06-23_REVISION - C1980007
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Entry Properties
Last modified
6/24/2020 1:01:39 PM
Creation date
6/23/2020 12:49:56 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
Revision
Doc Date
6/23/2020
Doc Name
Objection
From
Wild Earth Guardians
To
MLRB
Type & Sequence
MR446
Email Name
JRS
LDS
CMM
JDM
Media Type
D
Archive
No
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High Country Conservation Advocates v. United States Forest.... 951 F.3d 1217 (2020) <br />141 <br />151 <br />161 <br />171 <br />Administrative Law and <br />Procedure *- Sufficiency of theory or <br />grounds provided by agency <br />Court will uphold agency's decision of less than <br />ideal clarity if agency's path may reasonably be <br />discerned but will not supply reasoned basis for <br />agency's action that agency itself has not given. <br />5 U.S.C.A. § 706(2)(A). <br />Environmental Law 0- Duty of government <br />bodies to consider environment in general <br />NEPA requires federal agencies to pause before <br />committing resources to project and consider <br />likely environmental impacts of preferred course <br />of action as well as reasonable alternatives. <br />National Environmental Policy Act of 1969 § <br />102, 42 U.S.C.A. § 4332(C). <br />Environmental Law •- Duty of government <br />bodies to consider environment in general <br />Twin aims of NEPA are to require agencies to <br />consider every significant aspect of proposed <br />action's environmental impact and to facilitate <br />public involvement. National Environmental <br />Policy Act of 1969 § 102, 42 U.S.C.A. § <br />4332(C). <br />Environmental Law •- Duty of government <br />bodies to consider environment in general <br />NEPA is strictly procedural statute that does <br />not mandate substantive results. National <br />Environmental Policy Act of 1969 § 102, 42 <br />U.S.C.A. § 4332(C). <br />Environmental Law *- Assessments and <br />impact statements <br />In reviewing adequacy of agency's analysis <br />of alternatives in environmental impact <br />statement (EIS), court must apply rule of <br />reason, determining whether statement contained <br />sufficient discussion of relevant issues and <br />opposing viewpoints to enable agency to take <br />hard look at environmental impacts of proposed <br />action and its alternatives, and to make reasoned <br />decision. National Environmental Policy Act of <br />1969 § 102, 42 U.S.C.A. § 4332(C)(iii); 40 <br />C.F.R. § 1502.14(a). <br />181 Environmental Law 0- Consideration of <br />alternatives <br />In preparing environmental impact statement <br />(EIS) pursuant to NEPA, once agency establishes <br />proposed action's objective—which it has <br />considerable discretion to define—agency need <br />not provide detailed study of alternatives that <br />do not accomplish that purpose or objective, as <br />those alternatives are not reasonable, but agency <br />may not define proposed action's objectives so <br />narrowly as to preclude reasonable consideration <br />of alternatives. National Environmental Policy <br />Act of 1969 § 102, 42 U.S.C.A. § 4332(C)(iii); <br />40 C.F.R. § 1502.14(a). <br />191 Environmental Law Consideration of <br />alternatives <br />NEPA does not require agency to consider <br />alternative in evaluating environmental impact <br />of proposed agency action unless it is <br />significantly distinguishable from alternatives <br />already considered. National Environmental <br />Policy Act of 1969 § 102,42 U.S.C.A. § 4332(C) <br />(iii); 40 C.F.R. § 1502.14(a). <br />1101 Administrative Law and <br />Procedure *- Review for arbitrary, <br />capricious, unreasonable, or illegal actions in <br />general <br />Court must judge agency action's reasonableness <br />against two guideposts: (1) agency's statutory <br />mandate, and (2) agency's objectives for <br />particular project. 5 U.S.C.A. § 706(2)(A). <br />1111 Environmental Law 0- Mining; oil and gas <br />United States Forest Service acted arbitrarily <br />and capriciously in eliminating proposed <br />alternative that would remove roadless portion <br />of project area from mining area in supplemental <br />
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