United States Ninth Circuit

In this action brought by environmental groups alleging that defendants violated the Clean Air Act (CAA) and the National Environmental Policy Act (NEPA) by failing to properly evaluate and disclose the potential environmental impact of a planned expressway, summary judgment in favor of defendants is affirmed, where: 1) defendants' Conformity Determination was neither arbitrary nor capricious, and it complied with the CAA; and 2) the Environmental Impact Study (EIS) prepared by defendants took the requisite "hard look" at the freeway project's likely consequences and probable alternatives and therefore compared with NEPA.

Appellate Information

• Decided 10/30/2014
• Published 10/30/2014

Judges

• Wardlaw

Court

• United States Ninth Circuit

Counsel