Rattlesnake Coalition v. U.S. Environmental Protection Agency

The Rattlesnake Coalition (“The Coalition”) appeals the district court’s dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency (“the EPA”), the Administrator of the EPA, and the City of Missoula (“Mis-soula”). The Coalition brought suit under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 , seeking in-junctive, declaratory, and other relief related to the preparation of Environmental Assessments (“EAs”) and Environmental Impact Statements (“EISs”) prior to implementation of the Missoula Wastewater Facilities Plan Update (“MWFPU”). The Coalition argues that the district court erred by evaluating its complaint as two separate NEPA claims relating to two constituent projects of the MWFPU, and thereby concluding that the MWFPU itself was not a single, major federal action subject to NEPA regulations. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

I

In the 1980s Missoula planned and made many improvements to its wastewater treatment and collection system. In 1995, Missoula created the Wastewater Advisory Group, consisting of representatives from…