While developers of renewable energy facilities should be heartened by the NEPA ruling, the Court’s standing analysis could make it easier for project opponents asserting health or environmental interests to challenge a project. Indeed, spokespersons for the Sierra Club and other non-governmental organizations have asserted that the decision will have that effect. The lesson, once again, is that, to defeat legal challenges based on NEPA, project developers must work diligently to ensure that the reviewing agency’s NEPA analysis is thorough and complete.
Sixth Circuit Greenlights Cellulosic Ethanol Plant
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