RECENT FEDERAL DECISIONS

November 2004

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Ninth Circuit Holds that Army Corps’ Record of Consultation and Statement of Decision for Dam Operation Is Not in Violation of the Administrative Procedures Act
National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___

The Ninth Circuit Court of Appeals addressed the U.S. Army Corps of Engineers’ (Corps) record of consultation and statement of decision (ROD) for operation of four dams on the lower Snake River and determined the Corps’ actions were not arbitrary and capricious or contrary to law in violation of the Administrative Procedures Act (APA), as alleged by plaintiff, National Wildlife Federation (NWF).