· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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