Sierra Club v. Hodel

OPINION ON REHEARING

Before LOGAN, BARRETT and SEY- . MOUR, Circuit Judges. PER CURIAM.

Sierra Club’s petition for rehearing makes an argument that major federal action is created by the Secretary’s duty under FLPMA § 302(b), 43 U.S.C. § 1732(b), to prevent unnecessary or undue degradation of all public lands. On appeal, Sierra Club argued that the nondegradation standard implicated major federal action only in the context of WSAs pursuant to FLPMA § 603(c), 43 U.S.C. § 1782(c). See Reply and Answer Brief of Sierra Club at 28-29. Not until its petition for rehearing did Sierra Club raise the…