What is the scope of a federal agency's "action area" and what is the test for determining its scope?

MultiRegion, United States of America

The following excerpt is from Friends of the River v. Nat'l Marine Fisheries Serv., 293 F.Supp.3d 1151 (E.D. Cal. 2018):

"Action area" is defined as "all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action." 50 C.F.R. 402.02. Generally, "determination of the scope of an analysis area requires application of scientific methodology and, as such, is within the agency's discretion." Native Ecosystems Council v. Dombeck, 304 F.3d 886, 902 (9th Cir. 2002). To withstand judicial scrutiny, the agency must explain the "scientific methodology, relevant facts, or rational connections linking the project's potential impacts" to the action area boundaries. Id.

Other Questions


What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Is an action by the Federal Trade Commission final in a functional sense, even though other agency actions may follow? (MultiRegion, United States of America)
Can Gulfstream bring a motion to stay or dismiss a federal action seeking to prevent Gulfstream from using the same federal action? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the test for determining whether an action has been approved by a federal agency? (MultiRegion, United States of America)
What is the scope and scope of a federal district judge's powers in determining whether a plaintiff has been denied a right to sue for damages? (MultiRegion, United States of America)
What is the difference between federal and state law in determining whether a corporation can sue in a federal court in a diversity action? (MultiRegion, United States of America)
Is a summons of a federal officer in a wage garnishment action a "civil action" that can be removed to federal court? (MultiRegion, United States of America)
What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.