10.07.2015 Views

Memorandum Opinion and Order - US District Court - Northern ...

Memorandum Opinion and Order - US District Court - Northern ...

Memorandum Opinion and Order - US District Court - Northern ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

This <strong>Court</strong> also finds similarly unavailing Plaintiffs’ assertions that Defendantsinadequately analyzed the socioeconomic effects of the RBTI. Although CEQ regulationsrequire agencies to ensure the professional <strong>and</strong> scientific integrity of environmental information<strong>and</strong> emphasize the need for multidisciplinary analysis, 40 C.F.R. §§ 1500.1(b) <strong>and</strong> 1502.24,“economic <strong>and</strong> social impacts clearly occupy a lesser tier of importance in an EIS than do purelyenvironmental or ecological concerns.” Ass’n Concerned About Tomorrow, Inc. v. Dole, 610 F.Supp. 1101, 1111 (N.D. Tex. 1985).Here, Plaintiffs argued that the socioeconomic analysis in the FEIS was inaccurate,incomplete, <strong>and</strong> in violation of NEPA. However, this <strong>Court</strong> notes that the AR reveals thatDefendants (1) relied on noise impact analyses to measure the impacts of the RBTI on residential<strong>and</strong> recreational l<strong>and</strong> use; (2) utilized relevant population, housing, employment, <strong>and</strong> earningsdata; <strong>and</strong> (3) discussed comparative residential valuation data <strong>and</strong> tourism earnings data in eachregion of influence. Because NEPA only requires a “reasonably thorough discussion that fostersinformed decisionmaking, not a complete evaluation,” Stop H-3 Ass’n v. Dole, 740 F.2d 1442,1462 (9th Cir. 1984) (internal quotations omitted), it appears to this <strong>Court</strong> that Defendants havemore than met NEPA’s requirements to discuss the relevant socioeconomic impacts of the RBTI.In addition, the Fifth Circuit has long held that the “[d]etermination of economic benefits<strong>and</strong> costs that are tangential to environmental consequences are within th[e] wide area of agencydiscretion.” S. La. Envtl. Council, Inc. v. S<strong>and</strong>, 629 F.2d 1005, 1011 (5th Cir. 1980). NEPArequires, at most, “a narrowly focused, indirect review of the economic assumptions underlying afederal project described in an impact statement.” Id. See also Sierra Club v. Sigler, 695 F.2d957, 974-75 (5th Cir. 1983) (finding that an agency need only consider “important” information33

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!