Usda-Aphis

WildEarth Guardians v. United States Department of Agriculture

Good Law
795 F.3d 1148·2015 WL 4604142·81 ERC (BNA) 1338·2015 U.S. App. LEXIS 13485
United States Court of Appeals for the Ninth CircuitAugust 3, 201513-16071California4,559 words

Opinion

Opinion

Friedland, J.

Environmental organization WildEarth Guardians sued to enjoin the federal government’s participation in the killing of predatory animals in Nevada. WildEarth alleged that the program’s continued reliance on a decades-old programmatic environmental impact statement (“PEIS”) causes the government to use outdated and unnecessarily harmful predator control techniques that interfere with Wild-Earth’s members’ enjoyment of outdoor activities. The district court dismissed for lack of standing, holding that WildEarth had not shown that its alleged injuries were caused by the government’s reliance on the PEIS, and that, in any event, Nevada could choose to implement an independent predator damage management program if the federal government ceased its activities, so WildEarth’s injuries were not redressable. Both of these reasons for dismissal were erroneous, so we reverse.

I. Background

A. National Environmental Policy Act

The National Environmental Policy Act (“NEPA”) requires federal agencies to assess and publicly disclose the environmental impacts of proposed federal actions. 42 U.S.C. §§ 4321-4347 . For federal actions that “significantly affect[] the quality of the human…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.