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· 9/7/1999

Alaska Center for the Environment Alaska Wildlife Alliance v. U.S. Forest Service John C. Dorio, District Ranger, Chugach National Forest

Citations

  • 189 F.3d 851
  • 30 Envtl. L. Rep. (Envtl. Law Inst.) 20105
  • 99 Daily Journal DAR 9411
  • 99 Cal. Daily Op. Serv. 7333
  • 49 ERC (BNA) 1264
  • 1999 U.S. App. LEXIS 21326

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the Forest Service is required to conduct scoping for “all proposed actions, including those that would appear to be ‘categorically excluded.’ ”
  • stating that arguments not made in an appellant’s opening brief are waived and cannot be raised for the first time in a reply brief
  • explaining that issue was not whether the exact same permit would be issued again, but whether the agency would issue other permits like the one challenged
  • stating that an argument waived by an appellant’s failure to raise it in its opening brief cannot be raised for the first time in its reply brief
  • finding that an agency's interpretation of a CE was not inconsistent or contrary to the language of the CE where it fit within the \general scope\ of the terms of the CE
  • explaining that a party waives any argument not raised until the reply brief

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Trott, Tashima

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.