Legal Opinion

Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rs

Court of Appeals for the D.C. Circuit

Decided October 11, 2017No. Civil Action No. 16–1534 (JEB); (Consolidated Case Nos. 16–1769)PublishedCited by 32 opinions

1Opinion of the Court

Under Allied-Signal, the severity of an agency's errors below turns on "the extent of doubt whether [it] chose correctly."

*98988 F.2d at 150-51. The Court therefore must assess the likelihood that, on remand, the Corps will be able to justify its prior decision to issue an EA and FONSI, rather than preparing a full EIS. Such assessment looks at each issue in turn.

1. Highly Controversial

The prior Opinion found that the Corps had failed to fully consider "the degree to which [DAPL's] effects on the quality of the human environment are likely to be highly controversial." Standing Rock III, 255…

2Cases cited26 opinions

Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
Sugar Cane Growers Cooperative of Florida v. VenemanCourt of Appeals for the D.C. Circuit · 2002
Fox Television Stations, Inc. v. Federal Communications Commission and United States of America, National Association of Broadcasters, IntervenorsCourt of Appeals for the D.C. Circuit · 2002
California Communities Against Toxics v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2012
American Radio Relay League, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2008

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

3Cited by32 opinions

WildEarth Guardians v. ZinkeCourt of Appeals for the D.C. Circuit · 2019
Stewart v. AzarCourt of Appeals for the D.C. Circuit · 2018
Nat'l Venture Capital Ass'n v. DukeCourt of Appeals for the D.C. Circuit · 2017
Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rsCourt of Appeals for the D.C. Circuit · 2018
Air Transp. Ass'n of Am., Inc. v. U.S. Dep't of Agric.Court of Appeals for the D.C. Circuit · 2018

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