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Sierra Club v. Marsh

769 F.2d 868 (1985)

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Sierra Club v. Marsh

United States Court of Appeals for the First Circuit
769 F.2d 868 (1985)

Facts

Sears Island was an undeveloped island off the coast of Maine, connected to the mainland by a gravel bar that could only be seen during low tide. The mainland near the island had been developed for industrial use. The state of Maine proposed a three-part plan for developing Sears Island: (1) a causeway to connect Sears Island with the mainland, which was to include a railroad line and a two-lane road; (2) a dry cargo marine terminal; and (3) an industrial park adjacent to the cargo terminal. The Maine Department of Transportation (DOT) prepared two environmental assessments, one for the causeway and one for the cargo terminal. The Federal Highway Administration adopted both environmental assessments and issued a finding of no significant impact (FONSI) for both, meaning that no environmental-impact statement would be required. The Army Corps of Engineers prepared its own environmental assessment for both the causeway and the cargo terminal and issued a FONSI. The Army Corps of Engineers issued a permit allowing construction to begin without preparing an environmental-impact statement. The Sierra Club (plaintiff) filed a lawsuit.

Rule of Law

Issue

Holding and Reasoning (Breyer, J.)

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Casebooks

Environmental Law

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