Broads Can’t Fit Through Narrow 9th Circuit Gate
Here’s the link and below is an excerpt.
What I found interesting about this (lost in news tranlation?) was the idea that they could have gone all the way to the Appeals Court without noting “any specific changes that it deems not adequately analyzed.”
Legal experts on this blog. is is really possible that the case got all the way to the appeals court before someone noticed this? There must be more to this story…
Four years later the agency issued a decision and an Environmental Impact Statement (EIS) on a plan to restore the road, and Great Old Broads filed a new challenge to the project in federal court. The group alleged that the project design violated the National Forest Management Act, the National Environmental Policy Act and other laws.
Finding that Great Old Broads had failed to exhaust its administrative remedies before filing the action, the District Court granted the Forest Service summary judgment. Great Old Broads went back to the 9th Circuit on appeal but came up empty-handed Monday.
A three-judge panel disagreed with the lower court as to exhaustion, but nonetheless found that the group’s claims failed on their merits.
“Great Old Broads points to no specific changes that it deems not adequately analyzed in the final EIS,” Ronald Gould wrote for the San Francisco-based court.