Sierra Club v. Cecil D. Andrus, Secretary of the Interior and James T. Lynn, Director of Office of Management and Budget

I concur in the foregoing opinion insofar as it reverses the declaration of the district court requiring defendants to prepare an Environmental Impact Statement (EIS) with each annual request for appropriations to operate the National Wildlife Refuge System (NWRS). In my opinion such requirement would be wholly unreasonable in that it would result in an interpretation of the NEPA never intended by Congress. The court’s rejection of the Sierra Club’s position has my concurrence, but because the opinion has attempted to rely on a flexible “rule of reason” approach, rather than heeding the…