ELR Citation: ELR 20014
No(s). S-02-1818 GEB DAD (E.D. Cal. Jan 10, 2005)

A California district court upheld the environmental reviews performed by the Bureau of Indian Affairs and the National Indian Gaming Commission in connection with the proposed construction of a hotel and gaming facility on an Indian reservation and an interchange and access road connecting the reservation to a highway. The agencies' decision to segment review into two separate environmental assessments (EAs) did not violate the National Environmental Policy Act (NEPA), the EAs adequately considered environmental impacts on traffic, air quality, and water quality, and their consideration of alternative projects and the cumulative impacts of the projects was adequate. Nor did the agencies violate NEPA’s procedural requirements. In addition, the agencies complied with the conformity requirements of the Clean Air Act when they found that both the casino and interchange projects would conform to California’s state implementation plan.