United States Ninth Circuit
Northern Plains Resources Council, Inc v. The Surface Transportation Bd., 97-70037
In a challenge to respondent-Transportation Board's approval of certain railroad construction applications, orders are: 1) reversed in part where the Board failed to take the requisite "hard look" at certain material environmental impacts inherent in two of the applications as required by NEPA; and 2) affirmed in part where the Board did not err in its public convenience and necessity analyses, except with respect to its reliance on the viability of a flawed, preceding application during the approval of a subsequent application.
Appellate Information
- Decided 12/29/2011
- Published 12/29/2011
Judges
- M. SMITH
Court
- United States Ninth Circuit