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

No. 12-5095.

716 F.3d 653 (2013)

SIERRA CLUB, Appellee v. UNITED STATES DEPARTMENT OF AGRICULTURE, Rural Utilities Service, et al., Appellees Sunflower Electric Power Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Sharon M. Mattox argued the cause for appellant Sunflower Electric Power Corporation. With her on the briefs were Thomas S. Meriwether , Carol Dinkins , and N. Beth Emery .

Amanda W. Goodin argued the cause for appellee Sierra Club. With her on the brief were Kristen L. Boyles and Jan Hasselman .

Brian C. Toth , Attorney, U.S. Department of Justice, argued the cause for appellee U.S. Department of Agriculture. With him on the brief was Andrew R. Varcoe , Attorney, U.S. Department of Agriculture.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Intervenor Sunflower Electric Power Corporation appeals the grant of summary judgment to the Sierra Club based on violations of the National Environmental Policy Act by the U.S. Department of Agriculture's Rural Utilities Service. The district court ruled that the Service unlawfully failed to prepare an environmental impact statement ("EIS") before granting approvals and financial assistance to Sunflower...

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