ELR Citation: 51 ELR 20164
No(s). 2:20-cv-4018-NKL (W.D. Mo. Aug 24, 2021) (Laughrey, J.)

A district court denied summary judgment for the state of Missouri in a challenge to the Bureau of Reclamation's approval of a water supply project in North Dakota. Missouri argued the Bureau violated NEPA by failing to prepare an EIS, failing to take a "hard look" at the effectiveness of mitigation measures and the adverse impacts of the project, and failing to consider all reasonable alternatives. The court found the Bureau's decision not to prepare an EIS was neither arbitrary nor capricious, and thus that there was no basis for challenging its analysis of mitigation measures or consideration of alternatives. It further found the state had not met its burden of proving that the Bureau failed to adequately consider or disclose the adverse impacts of the project. The court therefore denied summary judgment for Missouri and granted the Bureau's cross-motion.