· 5/3/2012
North Carolina Wildlife Federation v. North Carolina Department of Transportation
Citations
- 677 F.3d 596
- 42 Envtl. L. Rep. (Envtl. Law Inst.) 20099
- 2012 WL 1548685
- 74 ERC (BNA) 1705
- 2012 U.S. App. LEXIS 9073
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “agencies have discretion to identify the range of reasonable alternatives”
- not reaching the question of “whether [the] NEPA permit[ted] the [a]gencies to use [ ] [the] data”
- “Without accurate baseline data, an agency cannot carefully consider information about significant environment impacts[,] resulting in an arbitrary and capricious decision.” (original alterations and citation omitted)
- The court “must ensure that the agency has examined the relevant data and articulated a satisfactory explanation for its action, and must not reduce itself to a rubber-stamp of agency action.”
- “[A]n agency’s action must be upheld, if at all, on the basis articulated by the agency itself,” and the “‘basis articulated by the agency’ is the administrative record, not subsequent litigation rationalizations.” (quoting State Farm, 463 U.S. at 50)
Source: CourtListener parenthetical corpus (CC0).
Judges: Motz, Shedd, Agee
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.