· 3/30/1998
American Forest and Paper Association v. United States Environmental Protection Agency
Citations
- 137 F.3d 291
- 28 Envtl. L. Rep. (Envtl. Law Inst.) 21122
- 46 ERC (BNA) 1385
- 1998 U.S. App. LEXIS 6190
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that purely legal issue was ripe for review because injuries were not speculative and deferring review would impose an immediate, significant burden on the petitioner
- holding that purely legal issue was ripe for review because injuries were not speculative and deferring review would impose an immediate, significant burden on the petitioner
- holding that purely legal issue was ripe for review because injuries were not speculative and deferring review would impose an immediate, significant burden on the petitioner
- “During the public comment period, EPA was presented with detailed objections concerning the scope of endangered species protection under Louisiana’s proposed program.”
- \EPA has failed to identify any provision in the CWA that suggests a party's failure to comment waives its right to seek judicial review.\
- where the EIS indicated that “the Forest Service did not even consider mitigating measures for the creeks actually affected by the” action
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Smith, Fitzwater
Read full opinion on CourtListenerSourced 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.