Hall

Hall v. Norton

Good Law
93 F. App'x 105
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 03-15719; D.C. No. CV-97-01146-LDGCalifornia1,268 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Robert Hall (“Hall”) appeals the district court’s summary judgment in favor of the Secretary of the Interior and the Department of the Interior (collectively, “DOI”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In a prior appeal of this case, we reversed the district court’s summary judgment against Hall’s National Environmental Policy Act (“NEPA”) challenge to a proposed land exchange between Del Webb Conservation Holding Corporation (“Del Webb”) and the Bureau of Land Management (“BLM”). See Hall v. Nor ton, 266 F.3d 969, 973-74 (9th Cir.2001). We remanded with directions to the district court to address “the potential emissions from the other 57,000 acres of land ‘identified for disposal’ or the adequacy of the BLM’s analysis of those emissions.” Id. at 978 .

On remand, without holding a hearing, the district court granted the DOI’s motion for summary judgment. The court rejected Hall’s argument that the scope of the environmental assessment (“EA”) should have extended to all 57,000 acres of public lands that had been identified as “available for disposal.” Because there was no “reasonably foreseeable future project! 1” involving…

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