green
Positive treatment
Quoted verbatim 1×
6.5 score
“where courts have enjoined ongoing projects, they have done so primarily to preserve for the rele 38 vant decisionmaker the full opportunity to choose among alternatives that is contemplated by nepa.”
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Humane Soc. of US v. Johanns
where courts have enjoined ongoing projects, they have done so primarily to preserve for the rele 38 vant decisionmaker the full opportunity to choose among alternatives that is contemplated by nepa.
discussed
Cited "see"
Government of the Province of Manitoba v. Norton
Defense Council, Inc. v. U.S. Nuclear Regulatory Comm’n, 606 F.2d 1261 , 1273 (D.C.Cir.1979); see Sierra Club v. United States Army Corps of Engineers, 701 F.2d 1011, 1030-31 (2d Cir.1983) (where an agency has failed to take a hard look at the environmental consequences of a project, a court may enjoin it from pursuing the project until an EIS is prepared). 26 What is called for is “a ‘particularized analysis’ of the violations that have occurred, of the possibilities for relief, and of any countervailing considerations of public interest.” Alaska v. Andrus, 580 F.2d 465, 485 (D.C.Ci…
cited
Cited "see"
Bolinsky v. Fritz
See Fla. Power Corp. v. Scudder, 350 So.2d 106 (Fla. 2d DCA 1977), cert. denied, 362 So.2d 1056 (Fla.1978), appeal dismissed, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978); Clark v. J.
discussed
Cited "see"
Northwest Indian Cemetery Protective Assocation v. R. Max Peterson, Chief, U.S. Forest Service, State of California v. John R. Block, Secretary, U.S. Department of Agriculture, Defendants- Civ. A. No. 83-2225
See State of Alaska v. Andrus, 580 F.2d 465, 473 (D.C.Cir.) vacated in part, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978). 39 The district court found that landslide risks were substantial and that debris from landslides triggered by the road construction would result in as much as a 500 percent increase in sediment loads in Blue Creek.
cited
Cited "see"
Northwest Indian Cemetery Protective Ass'n v. Peterson
See State of Alaska v. Andrus, 580 F.2d 465, 473 (D.C.Cir.) vacated in part, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978).
cited
Cited "see"
Northwest Indian Cemetery Protective Ass'n v. Peterson
See State of Alaska v. Andrus, 580 F.2d 465, 473 (D.C.Cir.), vacated in part, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978).
discussed
Cited "see"
Northwest Indian Cemetery Protective Association, Plaintiffs v. R. Max Peterson, Chief, U.S. Forest Service, State of California v. John R. Block, Secretary, U.S. Department of Agriculture
See State of Alaska v. Andrus, 580 F.2d 465, 473 (D.C.Cir.), vacated in part, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978). 28 The district court found that landslide risks were substantial and that debris from landslides triggered by the road construction would result in as much as a 500% increase in sediment loads in Blue Creek.
cited
Cited "see"
Clark v. JW Conner & Sons, Inc.
See Florida Power Corp. v. Scudder, 350 So.2d 106 (Fla. 2d DCA 1977), cert. denied, 362 So.2d 1056 (Fla. 1978), appeal dismissed, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978).
discussed
Cited "see"
Village of Kaktovik v. Watt
See Alaska v. Andrus, 580 F.2d 465 (D.C.Cir.), vacated in part as moot, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978); County of Suffolk v. Secretary of the Interior, 562 F.2d 1368 (2d Cir.1977); Sierra Club v. Morton, 510 F.2d 813 (5th Cir. 1975). .
discussed
Cited "see"
Committee for Washington's Riverfront Parks v. Thompson
See State of Alaska v. Andrus, 188 U.S.App.D.C. 202 , 212 n. 44, 580 F.2d 465 , 475 n. 44, vacated on other grounds, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978) (contrary recommendations of environmental agencies rendered pursuant to statutory mandate “did not bar [the Department of the] Interior from proceeding with [planned action]; but they did give rise to a heightened obligation on Interior’s part to explain clearly and in detail its reasons for proceeding” (emphasis in original)).
discussed
Cited "see"
North Slope Borough v. Andrus
(2×)
See Alaska v. Andrus, 580 F.2d 465, 472 (D.C.Cir.), vacated in part as moot, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978) (petition to enjoin OCS lease sale denied notwithstanding Secretary of Interior’s rejection of advice of EPA, CEQ and others). .
examined
Cited "see"
North Slope Borough v. Cecil D. Andrus, Secretary of the Department of the Interior Atlantic Richfield Company, Intervenors, National Wildlife Federation v. Cecil D. Andrus, Secretary of the Department of the Interior Atlantic Richfield Company, Intervenors, Village of Kaktovik v. Cecil D. Andrus, Secretary of the Department of the Interior Atlantic Richfield Company, Intervenors, North Slope Borough v. Cecil D. Andrus, Secretary of the Department of the Interior National Wildlife Federation v. Cecil D. Andrus, Secretary of the Department of the Interior Village of Kaktovik v. Cecil D. Andrus, Secretary of the Department of the Interior North Slope Borough v. Cecil D. Andrus, Secretary of the Department of the Interior, Richard Frank, Administrator of the National Oceanic and Atmospheric Administration, Atlantic Richfield Co., Intervenors. National Wildlife Federation v. Cecil D. Andrus, Secretary of the Department of the Interior, Richard A. Frank, Administrator of the National Oceanic and Atmospheric Administration, Atlantic Richfield Company, Intervenors. Village of Kaktovik v. Cecil D. Andrus, Secretary of the Department of the Interior, Richard Frank, Administrator of the National Oceanic and Atmospheric Administration, Atlantic Richfield Company, Intervenors
(3×)
See Alaska v. Andrus, 580 F.2d 465, 472 (D.C.Cir.), vacated in part as moot, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978) (petition to enjoin OCS lease sale denied notwithstanding Secretary of Interior's rejection of advice of EPA, CEQ and others) 45 See Reply Brief for Federal Appellants at 7 n.1a; see Preamble to CEQ's new NEPA regulations, 43 Fed.Reg. 55978 (29 Nov. 1978) 46 Id 47 North Slope Borough, 486 F.Supp. at 345.
cited
Cited "see, e.g."
Northwest Indian Cemetery Protective Ass'n v. Peterson
See, e.g., State of Alaska v. Andrus, 580 F.2d 465, 473 (D.C.Cir.), vacated in part, 439 U.S. 922 , 99 S.Ct. 303 , 58 L.Ed.2d 315 (1978).
Retrieving the full opinion text from the archive…
Kaye
v.
Whalen, Commissioner of Health of New York
v.
Whalen, Commissioner of Health of New York
No. 78-389.
Supreme Court of the United States.
Oct 30, 1978.
Cited by 6 opinions | Published
Citer courts: District of Columbia (1)
Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.