Opinion
Civil Action 22-2741
09-06-2024
CLEAN AIR COUNCIL, Plaintiff, v. U.S. DEPARTMENT OF THE INTERIOR et al., Defendants.
ORDER
HODGE, KELLEY B., J.
AND NOW, this 6th day of September, 2024, upon consideration of the Motions for Summary Judgment (ECF Nos. 25, 26, 27, and 28), all responses thereto (ECF Nos. 29, 30, 31, 32, 33), and for the reasons set forth in the accompanied memorandum, it is hereby ORDERED:
1. Defendants' and Intervenors' Motions (ECF Nos. 25, 26, and 27) are DENIED.
2. Plaintiff's Motion (ECF No. 28) is GRANTED.
3. Defendants shall review its previous segregation determinations regarding the feasibility studies and supporting documents and produce within 45 days of the date of this Order to Plaintiff any information contained therein relevant to NPS's theoretical compliance with NEPA and NHPA. If Defendants determine that such information is inextricably intertwined with exempt portions of the studies, such that it is unreasonable to produce any portion of the studies and supporting documents, Defendants shall submit the disputed documents to the Court within 45 days of the date of this Order for in camera review.
IT IS SO ORDERED.