The Ninth Circuit's differential approach to alternatives analysis in NEPA cases: Westlands Water District v. United States Department of Interior.(National Environmental Policy Act)

From: Environmental Law | Date: June 22, 2005| Author: | Copyright information

In July 2004, the Ninth Circuit decided Westlands Water District v. United States Department of Interior, upholding an Environmental Impact Statement (EIS) which gave serious consideration only to alternatives that increased water flow in the Trinity River, effectively reducing the amount of water available for diversion to irrigators in California's Central Valley. The lead plaintiff, Westlands Water District, argued that the range of alternatives considered in the EIS was impermissibly narrow because other measures could have fulfilled the desired goal--restoring anadromous fish ...

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