Thursday, August 25, 2011

Ninth Circuit -- MICHELLE BARNES V. USDOT

Given the the increased usage of the airport to be expected, an agency decision to waive a EIS for runway expansion violated NEPA.

Case-by-case examination of facts required.

Public hearing satisfied the statute.

Dissent: Durn paperwork.

MICHELLE BARNES V. USDOT
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.