(Download) "Sierra Club v. Marsh" by United States Court of Appeals for the First Circuit " eBook PDF Kindle ePub Free

eBook details

Title: Sierra Club v. Marsh
Author : United States Court of Appeals for the First Circuit
Release Date : January 31, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

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In Commonwealth of Massachusetts v. Watt, 716 F.2d 946 (1st Cir. 1983), we said that the National Environmental Policy Act ("NEPA"), 42 U.S.C. Â§ 4321 et seq. (1982 & Supp. IV 1986), seeks to create a particular bureaucratic decisionmaking process, a process whereby administrators make important decisions with an informed awareness of how the decision might significantly affect the environment. We wrote that, if any such decision is made without the information that NEPA seeks to put before the decisionmaker, the harm that NEPA seeks to prevent occurs. Watt, 716 F.2d at 952. And we held that courts are to take account of that kind of harm when they consider whether to enjoin governmental actions that plaintiffs claim violate NEPA. Id. at 952-53. We now consider whether the Supreme Court, in Amoco Production Co. v. Village of Gambell, 480 U.S. 531, 94 L. Ed. 2d 542, 107 S. Ct. 1396 (1987), overruled this holding. We conclude that the Court did not overrule or significantly modify Watt, and we therefore remand this case to the district court, which ruled to the contrary.