United States Ninth Circuit

In an action against the EPA and others under the National Environmental Policy Act (NEPA), seeking injunctive, declaratory, and other relief relating to the preparation of certain environmental assessments prior to the implementation of the Missoula Wastewater Facilities Plan Update, dismissal of the case is affirmed over claims that: 1) the district court erred by evaluating its complaint as two separate NEPA claims relating to two constituent projects of the Update; and 2) consequently erred in concluding that the Update itself was not a single, major federal action subject to NEPA regulations.

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

• GOULD, Circuit Judge:, Before: B. FLETCHER, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Craig Murdock, San Francisco, CA;  Carolyn K. Vinci, Missoula, MT, for plaintiff-appellant, The Rattlesnake Coalition.


• For Appellees:
  
• Marilyn Kuray, Office of General Counsel, Environmental Protection Agency, Washington, DC;  Sue Ellen Wooldridge, Assistant United States Attorney General, Washington, DC;  David C. Shilton, Lauren Fischer, Jennifer L. Scheller, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for defendant-appellee, United States of America., Jim Nugent, City Attorney, and Susan A. Firth, Deputy City Attorney, Missoula, MT, for defendant-appellee, City of Missoula.