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