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Separating Holding From Dicta: Marin Audubon v. FAA

In Marin Audubon Society v. Federal Aviation Administration, a divided panel for the D.C. Circuit cast significant doubt on the continued durability of CEQ’s NEPA regulations, stating that the agency lacked the authority to issue binding regulations governing federal agencies’ compliance with NEPA. This Comment argues that on closer examination of the court’s legal reasoning, these sweeping statements concerning CEQ’s regulatory authority actually amount to nonbinding dicta.

Orutsararmuit Native Council v. United States Army Corps of Engineers

The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...

Center for Biological Diversity v. United States Bureau of Land Management

The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...