21-1839·JURISDICTION
Wild Virginia; Virginia Wilderness Committee; Upstate Forever; South Carolina Wildlife Federation; North Carolina Wildlife Federation; National Trust for Historic Preservation; Mountaintrue; Haw River Assembly; Highlanders for Responsible Development; Defenders of Wildlife; Cowpasture River Preservation Association; Congaree Riverkeeper; the Clinch Coalition; Cleanaire Nc, f/k/a Clean Air Carolina; Cape Fear River Watch; Alliance for the Shenandoah Valley; Alabama Rivers Alliance v. Council on Environmental Quality; Brenda Mallory
Affirmed
Status
- Scheduled
- Argued
- Opinion Issued (current)
Question Presented
Whether plaintiffs lacked standing to challenge rule reducing environmental analysis and on Environmental Qlty disclosure requirements under National Environmental Protection Act; whether challenge is ripe for review.
Argument Date
October 26, 2022
Argument Time
9:30 a.m.
Panel
II
Courtroom
Butzner Courtroom (Room 201)
Lower Court Judge
Jones
Panel
Judge Agee
Judge Wynn
Senior Judge Motz
Citation
CaseWild Virginia; Virginia Wilderness Committee; Upstate Forever; South Carolina Wildlife Federation; North Carolina Wildlife Federation; National Trust for Historic Preservation; Mountaintrue; Haw River Assembly; Highlanders for Responsible Development; Defenders of Wildlife; Cowpasture River Preservation Association; Congaree Riverkeeper; the Clinch Coalition; Cleanaire Nc, f/k/a Clean Air Carolina; Cape Fear River Watch; Alliance for the Shenandoah Valley; Alabama Rivers Alliance v. Council on Environmental Quality; Brenda Mallory, No. 21-1839 (4th Cir. Dec. 22, 2022)
PanelMotz, S.J., Agee & Wynn, JJ.
Arguing Counsel
Panel That Day
2 of 3 cases argued October 26, 2022 before this panel have been decided.
Decided
21-1839· This case
Wild Virginia; Virginia Wilderness Committee; Upstate Forever; South Carolina Wildlife Federation; North Carolina Wildlife Federation; National Trust for Historic Preservation; Mountaintrue; Haw River Assembly; Highlanders for Responsible Development; Defenders of Wildlife; Cowpasture River Preservation Association; Congaree Riverkeeper; the Clinch Coalition; Cleanaire Nc, f/k/a Clean Air Carolina; Cape Fear River Watch; Alliance for the Shenandoah Valley; Alabama Rivers Alliance v. Council on Environmental Quality; Brenda Mallory
Authored by Judge Wynn
21-6602
United States v. Rayco Bethea
Authored by Judge Agee
Opinions
- Read opinion ↗December 22, 2022Majorityby Wynn
Disposition
Affirmed
December 22, 2022