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United States Forest Service v. Pacific Rivers Council

Topic(s): Hazardous Substances and Environmental Protection
Docket: 12-623
Court: Select Court

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Description:

Public Citizen assisted in opposing a petition for certiorari that posed the following questions:

1. Whether the factual averments in the Anderson declaration filed in this case are sufficient, read in light of the procedural posture of the case, to sup-port standing under this Court’s decision in Summers v. Earth Island Institute, 555 U.S. 488 (2009).

2. Whether, in the absence of any exceptional circumstance or exigency requiring immediate reso-lution of the issue by this Court, this Court should grant certiorari to be the first to adjudicate the government’s ripeness claim that was not pressed or passed upon in any court below.

3. Whether the court of appeals, after affording substantial deference to the agency in determining the level of detail appropriate for a programmatic environmental impact statement, correctly deter-mined that the Supplemental Environmental Impact Statement in this case was inadequate in one respect.

After the Court granted the petition, the respondents dismissed the underlying case.