United States Tenth Circuit

Sierra Club's procedural claims alleging that the DOE failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) in issuing a road easement are ripe for adjudication, even where the road itself has not been built.

Appellate Information

• Decided 04/19/2002
• Published 04/19/2002

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Neil Levine,Earthjustice Legal Defense Fund, Denver, Colorado, for Plaintiff-Appellant.


• For Appellees:
  
• Andrew C. Mergen, United States Department of Justice, Environment & Natural Resources Division, Washington, DC (John C. Cruden, Acting Assistant Attorney General;  Mark A. Brown, M. Alice Thurston, and Elizabeth Ann Peterson, United States Department of Justice, Environment & Natural Resources Division, Washington, DC;  Janet Masters, Attorney, Office of General Counsel, United States Department of Energy, Washington, DC;  Derek G. Passarelli, Attorney, Golden Field Office, United States Department of Energy, Golden, Colorado;  James D. Long, Attorney, Rocky Flats Field Office, United States Department of Energy, Golden, Colorado, on the brief), for Defendants-Appellees.