Extending Marsh's "arbitrary and capricious" review to an initial EIS decision. (Environmental Impact Statement) (1992 Ninth Circuit Environmental Review) (Case Note) From: Environmental Law | Date: July 1, 1993| Author: Whetstone, Craig | COPYRIGHT 1993 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

In 1992 the Ninth Circuit changed the standard for review of an agency decision not to prepare an environmental impact statement. Instead of looking to whether the decision was reasonable, the court now looks to whether the decision was arbitrary and capricious. The author examines the application of the new standard in light of previous decisions, and concludes that the change will have the effect of requiring would-be plaintiffs to make their information and concerns known to the agency bef...

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