Legal Opinion

Alaska v. Andrus

Court of Appeals for the Ninth Circuit

Decided February 22, 1979No. Nos. 77-3169, 77-3408PublishedCited by 17 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

This appeal presents the question whether the Secretary of Interior’s nonexercise of executive power (which he may or may not possess) to regulate wildlife on federal land in Alaska requires him to file an environmental impact statement. Because we hold that the nonexercise of power by an executive-branch officer does not call for compliance with NEPA1 we do not reach the intriguing questions of statutory construction and application that would lurk in defining the Secretary’s power to supersede the State in managing wildlife. We affirm the judgment which declared that…

2Cases cited13 opinions

  1. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  2. Flint Ridge Development Co. v. Scenic Rivers Assn. of Okla.Supreme Court of the United States · 1976
  3. Benjamin Jones v. James T. LynnCourt of Appeals for the First Circuit · 1973
  4. Abel Davis v. Rogers C. B. Morton, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Tenth Circuit · 1972
  5. San Francisco Tomorrow v. George RomneyCourt of Appeals for the Ninth Circuit · 1973

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Lovell v. ChandlerCourt of Appeals for the Ninth Circuit · 2002
  2. City of Angoon v. HodelCourt of Appeals for the Ninth Circuit · 1986
  3. Defenders of Wildlife v. Cecil D. Andrus, in His Official Capacity as Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1980
  4. State Of New Jersey, Department Of Environmental Protection And Energy v. Long Island Power AuthorityCourt of Appeals for the Third Circuit · 1994
  5. State of Alaska & Mauneluk Association v. Cecil D. Andrus, Secretary of the Interior v. Defenders of Wildlife, Intervenors. State of Alaska & Mauneluk Association v. Cecil D. Andrus, Secretary of the Interior v. Defenders of WildlifeCourt of Appeals for the Ninth Circuit · 1979

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