Northwest Coal. for Altern. to Pest. v. Lyng

4 Citing cases

  1. Leigh v. United States Dep't of Interior

    2:22-cv-01200-MMD-BNW (D. Nev. Sep. 23, 2024)   Cited 1 times

    Though the NEPA implementing regulations have since been amended, the purpose and need of the Gather Plan still determined the scope of reasonable alternatives in 2017. See 'Ilio'ulaokalani Coal. v. Rumsfeld, 464 F.3d 1083, 1097 (9th Cir. 2006) (“The scope of reasonable alternatives that an agency must consider is shaped by the purpose and need statement articulated by that agency.”); Nw. Coal. for Alternatives to Pesticides v. Lyng, 844 F.2d 588, 592 (9th Cir. 1988) (“[I]t is the scope of the program that influences any determination of what alternatives are viable and reasonable.”); Env't Def. Ctr., 36 F.4th at 879 (“The NEPA regulations in effect at the time the agencies issued the EA set forth criteria for the agencies to consider when determining whether an action . . . requires a full EIS.”).

  2. California Forestry Association v. Bosworth

    No. 2:05-cv-00905-MCE-GGH (E.D. Cal. Sep. 23, 2008)   Cited 6 times

    Although Plaintiffs may disagree with the Forest Service's decision to proceed with 2004 Framework in light of the painful tradeoffs between industry interests and economic concerns, that kind of policy disagreement does not give rise to a NEPA violation. See, e.g, Northwest Coalition for Alternatives to Pesticides v. Lyng, 844 F.2d 588, 591 (9th Cir. 1988). III.

  3. Rosebud Sioux Tribe v. Gover

    CIV. 99-3003 (D.S.D. Feb. 3, 2000)   Cited 6 times
    Relating history of prior litigation

    Even if the Court were to find that the availability of the FONSI and the final EA may not have been adequately communicated, notice deficiencies do not require setting aside an agency decision unless the complaining party can demonstrate that it was prejudiced by such deficiencies. See, e.g., Environmental Coalition of Ojai v. Brown, 72 F.3d 1411, 1416 n. 5 (9th Cir. 1995), citing Northwest Coalition for Alternatives to Pesticides v. Lyng, 844 F.2d 588, 595 (9th Cir. 1988). Intervenors and defendants have not adequately demonstrated to the Court that the local BIA officials failed to comply with the CEQ regulations and BIA implementing guidelines and that they suffered prejudice as a result of such alleged non-compliance.

  4. Muhly v. Espy

    877 F. Supp. 294 (W.D. Va. 1995)   Cited 4 times

    Support for the court's position, ironically, is found in the very case that the Plaintiffs believe mandates a reopening of the scoping process. Northwest Coalition for Alternatives to Pesticides v. Lyng, 844 F.2d 588 (9th Cir. 1988). In Northwest Coalition, the appellant, (NCA), raised the same arguments made by the Plaintiffs in this case.