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· 11/23/1998

Morongo Band of Mission Indians v. Federal Aviation Administration William Withycombe, Regional Administrator, Faa

Citations

  • 161 F.3d 569
  • 29 Envtl. L. Rep. (Envtl. Law Inst.) 20336
  • 98 Cal. Daily Op. Serv. 8560
  • 98 Daily Journal DAR 11975
  • 1998 U.S. App. LEXIS 29815

How courts have described this case

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

  • implying that \the burden is on the party challenging the agency action to offer feasible alternatives.\
  • holding that FAA action which had an “insignificant impact on the existing use of the land” did not violate the law and therefore plaintiffs were not entitled to relief under 5 U.S.C. § 706(2)
  • finding that the burden is on the .party challenging the agency action to offer feasible alternatives
  • implying that “the burden is on the party challenging the agency action to offer feasible alternatives.”
  • noting that, without parameters and criteria, an agency could generate countless alternatives
  • examining whether the FAA's decision under NEPA violated its trust responsibility owed to a Tribe by applying the \arbitrary and capricious\ standard of review

Source: CourtListener parenthetical corpus (CC0).

Judges: Brunetti, Tashima, Graber

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.