NAT. PARKS CONSERVATION ASSOCIATION v. SEMONITE

No. 18-5179, Consolidated with 18-5186.

916 F.3d 1075 (2019)

NATIONAL PARKS CONSERVATION ASSOCIATION, Appellant, v. Todd T. SEMONITE, Lieutenant General, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 2019.


Attorney(s) appearing for the Case

Matthew G. Adams , San Francisco, CA, argued the cause and filed the briefs for appellants National Trust for Historic Preservation, et al.

William S. Eubanks II , Washington, DC, argued the cause for appellant National Parks Conservation Association. With him on the briefs was Eric R. Glitzenstein .

J. Blanding Holman , Charleston, SC, was on the brief for amici curiae The Lawyer's Committee for Cultural Heritage Preservation, et al. in support of appellant.

Tyler Joseph Sniff , Atlanta, GA, was on the brief for amici curiae 18th Director of the National Park Service Jonathan B. Jarvis, et al. in support of appellant National Parks Conservation Association.

Dustin J. Maghamfar , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, Eric A. Grant , Deputy Assistant Attorney General, and Andrew C. Mergen , Mark R. Haag , and Heather E. Gange , Attorneys.

Elbert Lin , Richmond, VA, argued the cause for appellee Virginia Electric and Power Company. With him on the brief were Eric J. Murdock , Washington, DC, Harry M. Johnson, III , and Timothy L. McHugh , Richmond, VA.

Michael J. Thompson and Brett K. White , Washington, DC, were on the brief for amici curiae PJM Interconnection, L.L.C. in support of appellees.

Before: Garland, Chief Judge, and Tatel and Millett, Circuit Judges.


In order to "create and maintain conditions under which man and nature can exist in productive harmony," the National Environmental Protection Act (NEPA), 42 U.S.C. § 4331(a), requires any federal agency issuing a construction permit, opening new lands to drilling, or undertaking any other "major" project to take a hard...

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