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SIERRA CLUB v. U.S. DEPT. OF ENERGY

No. 01-1158.

287 F.3d 1256 (2002)

SIERRA CLUB, a nonprofit corporation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY; the Secretary of Energy; United States Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 2002.

Attorney(s) appearing for the Case

Neil Levine, Earthjustice Legal Defense Fund, Denver, Colorado, for Plaintiff-Appellant.

Andrew C. Mergen, United States Department of Justice, Environment & Natural Resources Division, Washington, DC (John C. Cruden, Acting Assistant Attorney General; Mark A. Brown, M. Alice Thurston, and Elizabeth Ann Peterson, United States Department of Justice, Environment & Natural Resources Division, Washington, DC; Janet Masters, Attorney, Office of General Counsel, United States Department of Energy, Washington, DC; Derek G. Passarelli, Attorney, Golden Field Office, United States Department of Energy, Golden, Colorado; James D. Long, Attorney, Rocky Flats Field Office, United States Department of Energy, Golden, Colorado, on the brief), for Defendants-Appellees.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Sierra Club appeals the district court's dismissal of its lawsuit against the United States Department of Energy (DOE) and the United States Army Corps of Engineers for lack of ripeness. Sierra Club contends its procedural claims alleging that the DOE failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) prior to issuance of a road easement are ripe for adjudication. We agree and reverse...

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