142 F. Supp. 2d 1248 - Idaho Ex Rel. Kempthorne v. United States Forest Service’s Empirical Analysis
2001
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 16 U.S.C. § 1600 (Forest and Rangeland Renewable Resources Planning Act of 1974) · 16 U.S.C. § 551 (Wildfire Disaster Recovery Act of 1989) · 42 U.S.C. § 4321 (§ 2 of the National Environmental Policy Act of 1969) · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946) · 5 U.S.C. § 702 · 5 U.S.C. § 706
Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · Marsh v. Oregon Natural Resources Council · Federal Communications Commission v. Schreiber · Ethyl Corporation v. Environmental Protection Agency, Ppg Industries, Inc. v. Environmental Protection Agency, E. I. Dupont De Nemours & Company v. Environmental Protection Agency, Nalco Chemical Company v. Environmental Protection Agency, National Petroleum Refiners Association v. Environmental Protection Agency
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Court finds ... there is merit in the wisdom of the First Circuit Court of Appeals analysis that the purpose of NEPA 'is to required consideration of environmental factors before project momentum is irresistible, before options are closed, and before agency commitments are set in concrete.' ") (quoting Watt , 716 F.2d at 953 ); Friends of the Earth v. Hall , 693 F.Supp. 904 , 913 (W.D. Wash. 1988) ("[T]he risk of bias resulting from the commitment of resources prior to a required thorough environmental review is the type of irreparable harm that results from a NEPA violation.”
1 later decision quote this exact passage · from the majority“[t]he 45 day requirement for public comment under NEPA is statutorily contemplated as a minimum time frame to be set apart for meaningful disclosure and comment.”
1 later decision quote this exact passage · from the majority“banned road construction and reconstruction in inventoried roadless areas and only differed as to the level of restriction imposed on timber harvesting.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.