Legal Opinion

Port of Astoria v. Hodel

Court of Appeals for the Ninth Circuit

Decided March 5, 1979No. Nos. 75-3465, 75-3621, 75-3699 and 76-1049PublishedCited by 55 opinions

1Opinion of the Court

TANG, Circuit Judge.

This case consists of appeals and cross appeals from a judgment that held a power supply contract between the defendants valid, but unenforceable, until the contract’s implications had been assessed in environmental impact statements (EIS’s) pursuant to section 102 of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332. The contract (referred to herein as the “Umatilla contract”) obligates the Bonneville Power Administration (BPA) to supply electrical power to an aluminum reduction plant that Alumax Pacific Corporation (Alumax) plans to build and operate in…

2Cases cited26 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  3. Sierra Club v. MortonSupreme Court of the United States · 1972
  4. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  5. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973

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3Cited by55 opinions

  1. Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
  2. San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
  3. Metcalf v. DaleyCourt of Appeals for the Ninth Circuit · 2000
  4. Sierra Club v. R. Max Peterson, in His Official Capacity as Chief Forester of the United States Forest Service, Department of AgricultureCourt of Appeals for the D.C. Circuit · 1983
  5. Nevada Land Action Association, and National Wildlife Federation, Intervenor v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 1993

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