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Short title |
Metcalf v
Daley |
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|
Parties |
Metcalf and ors |
|
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v |
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|
Daley, US
Department of Commerce, and ors |
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|
Forum |
US Court of
Appeals, Ninth Circuit |
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Date |
9 June 2000 |
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|
Reported |
214 F.3d 1135 |
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Summary |
Summary |
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Abstract |
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This case [an appeal by a coalition of environmental interests
from a district court decision] concerned the US Government's
approval of the whaling plans of the Makah Tribe. The principal
basis for the challenge was the NOAA's
failure to prepare an environmental
impact statement (“EIS”) pursuant to the
1969 National Environmental Policy Act
("NEPA").
The Appeals Court
reversed the district court and held
that the EA was invalid because it was not produced until
after the agreement with the Tribe had been consummated.
It
concluded that NOAA
had violated NEPA because agencies
must engage the NEPA process “before any irreversible and
irretrievable commitment of resources.”
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Bibliographic references |
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| |
K. M. Fletcher, 'New Assessment
Required in Makah Whaling Hunt' (2000) 20(4) Water Log 8 [view
text]
K. M. Fletcher, 'New
Environmental Assesment Required in Makah Whale Hunt: Metcalf v.
Daley, 214 F.3d 1135 (9th Cir.2000)' Journal of International
Wildlife Law and Policy (2000) |
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