191 F.3d 1169 (9th Cir. 1999)
The case of Defenders of Wildlife v. U.S.
Did the U.S. Army Corps of Engineers violate NEPA by failing to conduct a thorough environmental assessment before issuing a federal permit for the development project?
Under NEPA, federal agencies are required to assess the environmental effects of their proposed actions through an Environmental Impact Statement (EIS) unless they issue a FONSI based on an EA demonstrating that the action does not significantly affect the environment.
The Ninth Circuit Court of Appeals held that the U.S. Army Corps of Engineers did violate NEPA by inadequately assessing the environmental impacts and failing to prepare a full Environmental Impact Statement.
This case is important for law students as it illustrates the rigorous procedural obligations imposed by NEPA on federal agencies. It highlights the threshold for when a full Environmental Impact Statement is necessary versus an Environmental Assessment. Understanding this distinction is crucial for grasping the procedural mechanics of environmental law and how they are applied in judicial review.