United States First Circuit

In a suit alleging that the state of Maine's conveyances of easements on a tract of land purchased using federal funds granted to the state under the Federal Aid in Wildlife Restoration Act resulted in uses of the land contrary to the purposes for which it was initially acquired, the district court's dismissal of the complaint against the against the United States Fish and Wildlife Service (USFWS) is affirmed, where: 1) the USFWS's failure to remedy the state's alleged violations was not subject to judicial review under the APA, as it was a discretionary enforcement decision; 2) there was no major federal action that could lead to the USFWS or state officials being held liable for violating NEPA, as the state officials did not seek approval of the easements and the USFWS did not grant it.

Appellate Information

• Decided 03/22/2012
• Published 03/22/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen F. Hinchman, Evan J. Roth