ELR Citation: 42 ELR 20043
No(s). 10-17636 (9th Cir. Feb 7, 2012)

The Ninth Circuit held that DOE's environmental assessment of a prospective "biosafety level-3" facility at the Lawrence Livermore National Laboratory complied with NEPA. DOE took the requisite "hard look" at the threat of a direct terrorist attack at the facility. DOE also reasonably exercised its discretion in determining no significant impact from the threat of theft and release by a terrorist outsider. And DOE's discussion of the impact of the potential theft and release of a pathogen by a terrorist insider also satisfies NEPA. The court, therefore, affirmed a lower court's decision in favor of the government.