Public Employees for Environmental Responsibility v. National Park Service  ·  2022-05-24  ·  District of Columbia  ·  pin 42 F. Supp. 2d at 1

“[A] post hoc assertion of a CE during litigation, unsupported by any evidence in the administrative record or elsewhere that such a determination was made at the appropriate time, cannot justify a failure to prepare either an EA or an EIS.”