42 C.F.R. § 137.309

How are NEPA and NHPA obligations typically enforced?

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NEPA and NHPA obligations are typically enforced by interested parties who may file lawsuits against Federal agencies alleging that the agencies have not complied with their legal obligations under NEPA and NHPA. These lawsuits may only be filed in Federal court under the provisions of the APA, 5 U.S.C. 701-706. Under the APA, a Federal judge reviews the Federal agency's actions based upon an administrative record prepared by the Federal agency. The judge gives appropriate deference to the agency's decisions and does not substitute the court's views for those of the agency. Jury trials and civil discovery are not permitted in APA proceedings. If a Federal agency has failed to comply with NEPA or NHPA, the judge may grant declaratory or injunctive relief to the interested party. No money damages or fines are permitted in APA proceedings.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2014–2023 · leading case: Bark v. Northrop, 2 F. Supp. 3d 1147 (D. Or. 2014).

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Bark v. Northrop, 2 F. Supp. 3d 1147 (D. Or. 2014). · cites it 2× “” 42 C.F.R. § 137.309 (emphasis added). Likewise, Ninth Circuit precedent supports a district court’s decision to disallow discovery and prohibit review beyond the administrative record, especially when the administrative record contains adequate information to respond to…”

Carlos Vasquez v. Estee Lauder Inc. (C.D. Cal. 2023). “42 C.F.R. § 137.309 ; Bark v. Northrop, 2 F.”

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