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Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR

An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ “upon certification of a revised EIR” to require an assessment of the adequacy of the...more

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific...

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the...more

Ninth Circuit Upholds FAA’s Alternatives Analysis Limited to Airport Project and No Action Alternative But Invalidates EIS For...

The Ninth Circuit upheld the Federal Aviation Administration’s decision to study only the project and the no action alternative in an EIS for a new passenger terminal. However, the court found the FAA violated NEPA by failing...more

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