Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

The report need not be "exhaustive" but must be compiled in good faith and set forth sufficient information to enable the decision maker "to consider fully the environmental factors involved and to make a reasoned decision after balancing the risks of harm to the environment against the benefits to be derived from the proposed action, as well as to make a reasoned …
- in National Wildlife Federation v. Benn, 1980 and 15 similar citations
The court's task is merely to determine whether the EIS was compiled in objective good faith and whether the resulting statement would permit a decision maker to fully consider and balance the environmental factors.
Nevertheless,... allegations that an EIS has neglected to mention a serious environmental consequence, failed adequately to discuss some reasonable alternative, or otherwise swept "stubborn problems or serious criticism... under the rug"... raise issues sufficiently important to permit the introduction of new evidence in the district court, including expert testimony with …
Other courts have followed the general principle that staged development encourages staged consideration of uncertain environmental factors.
- in Village of False Pass v. Clark, 1984 and 4 similar citations
For example, "an allegation that an EIS has failed to mention a serious environmental consequence may be sufficient to permit the introduction of new evidence outside of the administrative record...."
—contention is that a programmatic EIS debe evaluated in detail, but when such detailed evaluation should occur.
- in Selected Federal Public Wildlands Management Law and 3 similar citations
—review of adequacy of EIS based on undisputed fact is "exercise in judgment" by trial court, not a finding of fact
The cases to which the Plaintiff cites in support of supplementation all involve judicial review of informal, non-adjudicatory decisions.
- in FRONTIER FISHING CROP. v. Evans, 2006 and 4 similar citations
A sufficient EIS must provide good faith analysis and sufficient information to allow a firm basis for weighing the risks and benefits of a proposed action