FOUNDATION ON ECONOMIC TRENDS v. LYNG

No. 86-5452.

817 F.2d 882 (1987)

FOUNDATION ON ECONOMIC TRENDS, et al., Appellants, v. Richard LYNG, Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1987.


Attorney(s) appearing for the Case

Edward Lee Rogers, New York City, for appellants.

Elizabeth Ann Peterson, Atty., Dept. of Justice, with whom Joseph E. diGenova, U.S. Atty., Martin W. Matzen and J. Carol Williams, Attys., Dept. of Justice, Washington, D.C. were on the brief, for appellees.

Before MIKVA, STARR and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This appeal brings before us the question of whether the United States Department of Agriculture (USDA or Department) is required to prepare a programmatic environmental impact statement (EIS) in connection with the Department's animal productivity research. Concluding that an EIS was not required, the District Court granted the Department's motion for summary judgment. We affirm.

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