ELR Citation: 41 ELR 20170
No(s). 07-01860 (D.D.C. Mar 29, 2011)

A district court held that the USDA Rural Utilities Service's (RUS') failure to prepare an EIS in connection with the expansion of a coal-fired power plant violated NEPA. RUS' involvement in the project, including financial assistance under the Rural Electrification Act, constitutes a "major federal action" under NEPA. The project required approval from RUS to go forward. In addition, RUS did not merely provide financial assistance to some discrete aspect of the project, nor was its contribution insignificant. Rather, it effectively provided funding allowing the project to proceed. Accordingly, it actions were subject to the requirements of NEPA. In addition, the court rejected the plant's argument that the claim was moot. Even though the approvals are final, RUS continues to have authority over the project, including the authority to impose mitigation measures on the plant. As such, effective relief is available.