ELR Citation: 54 ELR 20078
No(s). 23-15492 (9th Cir. May 21, 2024)

The Ninth Circuit, 2-1, reversed summary judgment for the Forest Service in a challenge to its approval of a mineral exploration project on land in Inyo National Forest. Environmental groups argued the Service violated NEPA by combining two categorical exclusions (CEs) when neither alone could be invoked to avoid an EIS or EA. The court held the two-phase project was a single proposed action, and that the Forest Service regulation enumerating CEs prohibited combining two CEs when neither CE would cover a proposed action alone. Finding that the Service's error was not harmless, it reversed the district court's order granting summary judgment for the Service and remanded with instructions for summary judgment to be granted for the groups.