United States Eighth Circuit

Summary judgment for agency defendant in a challenge under the National Environmental Policy Act involving a project to preserve an aquifer is affirmed where defendant's cumulative impact analysis in environmental impact assessments was adequate and defendant did not act arbitrarily or capriciously in refusing to prepare a supplemental statement.

Appellate Information

• Decided 12/20/2005
• Published 12/20/2005

Judges

• MURPHY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard H. Mays, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Ellen J. Durkee, argued, Dept. of Justice, Washington, D.C. (Devon M. Lehman and Katherine Barton of the Dept. of Justice, Washington, D.C., on the brief), for appellee.