Jennifer S Recine Lauren Tabaksblat

April 13, 2018 | New York Law Journal

When a court finds that an agency has violated NEPA by overlooking or omitting an important impact from its review and remands the decision to the agency for further study, the court almost always vacates the record of decision associated with the project, stopping the project until the remand analysis is completed. In two recent decisions, however, courts departed from this presumptive remedy.

By Jennifer S. Recine, Lauren Tabaksblat and Tiffany L. Ho

9 minute read