How have the courts interpreted a Sierra Club statement in the context of an environmental assessment?

MultiRegion, United States of America

The following excerpt is from Suffolk County v. Secretary of Interior, 562 F.2d 1368 (2nd Cir. 1977):

"This project is an easily divisible one. In this continuously controllable project, the fact that a tract may prove productive would not mandate that an unsound method of delivering that production be utilized. We are not unmindful of the rule that the sufficiency of an EIS must be determined without reference to possible future action. Today's statement, however, includes sufficient pre-statement analysis of possible environmental hazards from pipeline location, construction or leakage." Sierra Club v. Morton, 510 F.2d 813, 824 (5th Cir. 1975) (emphasis in original).

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