Grazing Fields Farm v. Neil Goldschmidt

COFFIN, Chief Judge.

This appeal raises an elementary but important question about the requirement contained in the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 (2)(C)(iii), that a federal agency must prepare a detailed statement discussing alternatives to proposed agency action. The question is whether pertinent information found in the administrative record, but not incorporated in an environmental impact statement (EIS), may satisfy this statutory requirement in whole or in part. We hold that it cannot and reverse the contrary decision of the district court.

For purposes of…