MILLER

v.

UNITED STATES

Citator

Cited By (27 total)

• Kleppe v. Sierra Club, 427 U.S. 390 (U.S. 1976)
  …s legislative history contemplates that a court should substitute its judgment for that of the agency as to the environmental consequences of its actions. See Scenic Hudson Preservation Conference v. FPC, 453 F. 2d 463, 481 (CA2 1971), cert. denied, 407 U. S. 926 (1972). The only role for a court is to insure that the agency has taken a “hard look” at environmental consequences; it cannot “interject itself within the area of. discretion of the executive as to the choice of the action to be taken.” Natural Re…
• Env't Def. Fund, Inc. v. Corps OF Eng'rs OF the United States Army, 470 F.2d 289 (8th Cir. 1972)
  …Columbia District Court in Environmental Defense Fund v. Hardin, 325 F.Supp. 1401 (D.D.C.1971), carries little weight. The Second Circuit in Scenic Hudson Preserv. Conf. v. Federal Power Com’n, 453 F. 2d 463, 468-469 (2nd Cir. 1971), cert. denied, 407 U.S. 926, 92 S.Ct. 2453, 32 L.Ed.2d 813 (1972) (Douglas, J., dissenting), reviewed the merits of a Federal Power Commission decision to determine if it was in compliance with NEPA. A reading of Judge Oakes’ dissent, 453 F. 2d at 482, as well as the dissent o…
• Env't Def. Fund, Inc. v. Corps OF Eng'rs OF the United States Army, 492 F.2d 1123 (5th Cir. 1974)
  …14 (9th Cir. 1973);30 National Helium Corp. v. Morton, 455 F. 2d 650, 656 (10th Cir. 1971).31 The Second Circuit has not dealt directly with this issue. See Scenic Hudson Preservation Conf. v. F.P.C., 453 F. 2d 463, 481 (2d Cir. 1971), cert. denied, 407 U.S. 926, 92 S.Ct. 2453, 32 L.Ed.2d 813 (1973).32 Despite dicta in two prior decisions of this court, Save Our Ten Acres v. Kreger, 472 F. 2d 463, 467 (5th Cir. 1973), and Hiram Clarke Civic Club, Inc. v. Lynn, 476 F. 2d 421, 425 (5th Cir. 1973), which indic…