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

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

CONCL<strong>US</strong>IONThis <strong>Court</strong> has made a conscientious effort to fully review the RBTI FEIS, ROD, AR <strong>and</strong>any allowed supplementation, <strong>and</strong> all other relevant data <strong>and</strong> material which was available to thedecisionmaker, as well as each objection raised <strong>and</strong> counterargument made by the parties. In sodoing, the <strong>Court</strong> has purposefully conducted its review with unwavering adherence to theimportant goals sought to be achieved by NEPA.Although this <strong>Court</strong> finds that Defendants’ documentation sometimes suffered from aslight subjective bias, the <strong>Court</strong> nevertheless carefully applied the rule of reason <strong>and</strong> practicality<strong>and</strong> fully considered the relevant environmental <strong>and</strong> economic factors presented by Defendants’AR, FEIS, <strong>and</strong> ROD. As a result, this <strong>Court</strong> is convinced that Defendants adequately consideredthe potential adverse environmental consequences of the RBTI.In determining that Defendants have satisfied the requirements of NEPA, this <strong>Court</strong> findsthat (1) Defendants in good faith objectively took a hard look at the environmental consequencesof the proposed RBTI <strong>and</strong> alternatives; (2) the FEIS provided detail sufficient to allow those whodid not participate in its preparation to underst<strong>and</strong> <strong>and</strong> consider the pertinent environmentalinfluences involved; <strong>and</strong> (3) the FEIS’s explanation of alternatives was sufficient to permit areasoned choice among different courses of action. Therefore, this <strong>Court</strong> finds that Defendants’decision to implement the RBTI was made in good faith after consideration of sufficient possiblealternatives, mitigation measures, <strong>and</strong> other relevant factors <strong>and</strong> that the decision was notarbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law.Therefore, after considering all the relevant arguments <strong>and</strong> evidence, this <strong>Court</strong> DENIESPlaintiffs’ Motion for Summary Judgment.61

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

Saved successfully!

Ooh no, something went wrong!