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Wild Virginia v. Council on Envtl. Quality

Wild Virginia v. Council on Envtl. Quality

United States District Court for the Western District of Virginia, Charlottesville Division

June 21, 2021, Decided; June 21, 2021, Filed

Case No. 3:20CV00045

Opinion

 [*625]  The plaintiffs in this case, various conservation groups, suing under the Administrative Procedure Act, challenge the Council on Environmental Quality's adoption of revised regulations implementing the National Environmental Policy Act (NEPA) following an allegedly defective notice-and-comment rulemaking process. Because I conclude that the plaintiffs' claims are not justiciable and the court is thus without jurisdiction, I will dismiss the action.

] "Signed into law on January 1, 1970, NEPA establishes a 'national policy [to] encourage productive and enjoyable harmony between man and his environment,' and was intended [**3]  to reduce or eliminate environmental damage and to promote 'the understanding of the ecological systems and natural resources important to' the United States." Dep't of Transp. v. Pub. Citizen, 541 U.S. 752, 756, 124 S. Ct. 2204, 159 L. Ed. 2d 60 (2004) (quoting 42 U.S.C. § 4321). NEPA sets forth procedural requirements for federal projects to ensure that agencies fully consider the environmental effects of their actions before making decisions. ] NEPA requires federal agencies to:

include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on --

(i) the environmental impact of the proposed action,

(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented,

(iii) alternatives to the proposed action,

(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and

(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

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544 F. Supp. 3d 620 *; 2021 U.S. Dist. LEXIS 114616 **; 51 ELR 20117; 2021 WL 2521561

WILD VIRGINIA, VIRGINIA WILDERNESS COMMITTEE, UPSTATE FOREVER, SOUTH CAROLINA WILDLIFE FEDERATION, NORTH CAROLINA WILDLIFE FEDERATION, NATIONAL TRUST FOR HISTORIC PRESERVATION, MOUNTAINTRUE, HAW RIVER ASSEMBLY, HIGHLANDERS FOR RESPONSIBLE DEVELOPMENT, DEFENDERS OF WILDLIFE, COWPASTURE RIVER PRESERVATION ASSOCIATION, CONGAREE RIVERKEEPER, THE CLINCH COALITION, CLEAN AIR CAROLINA, CAPE FEAR RIVER WATCH, ALLIANCE FOR THE SHENANDOAH VALLEY, and ALABAMA RIVERS ALLIANCE, Plaintiffs, v. COUNCIL ON ENVIRONMENTAL QUALITY, and BRENDA MALLORY IN HER OFFICIAL CAPACITY AS CHAIR OF THE COUNCIL ON ENVIRONMENTAL QUALITY, Defendants, and AMERICAN FARM BUREAU FEDERATION, AMERICAN FOREST RESOURCE COUNCIL, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, FEDERAL FOREST RESOURCE COALITION, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA, and NATIONAL CATTLEMEN'S BEEF ASSOCIATION, Defendants-Intervenors.

Prior History: Wild Va. v. Council on Envtl. Quality, 2020 U.S. Dist. LEXIS 226096 (W.D. Va., Aug. 21, 2020)

CORE TERMS

environmental, agencies, regulations, comments, concrete, projects, Forest, plaintiffs', resources, River, quotation, ripeness, marks, changes, prepare, judicial review, recreational, effects, federal agency, processes, imminent, license, mission, conservation, logging, notice, procedural right, public comment, declarations, justiciable

Environmental Law, Assessment & Information Access, Environmental Assessments, Business & Corporate Compliance, Environmental Law, Environmental Impact Statements, Audits & Site Assessments, Administrative Law, Judicial Review, Reviewability, Reviewable Agency Action, Civil Procedure, Justiciability, Ripeness, Imminence, Constitutional Law, The Judiciary, Case or Controversy, Ripeness, Tests for Ripeness, Rationale for Ripeness, Administrative Proceedings & Litigation, Judicial Review, Standing, Injury in Fact, Elements, Personal Stake, Particular Parties, Third Party Standing, Burdens of Proof, Evidence, Burdens of Proof, Allocation