Just when you thought there was no more fun to be had with Colt Summit, our colleague Eric Anderson has written a law review article that will be published this spring in the “Crit” — an alternative law review at the U of Idaho. Basically, it’s an in depth overview of the 9th circuit’s position on cumulative effects of past actions under NEPA — and why Malloy got it wrong in the Colt Summit decision. I think it shows how obscure some of this is to others outside the NEPA courtroom, and how difficult it can be to do a legally sufficient analysis.
Here it is.
Oh, in case you’re curious about Eric Anderson, here’s a bio of sorts..
Bio: I’m a native of Tropical Montana — 16 miles west of Lolo for those old enough to remember the bumper sticker— who currently resides in Bonners Ferry ID. I am in my final semester as a concurrent JD/MS candidate at the University of Idaho. I will graduate with a certificate in Natural Resource & Environmental Law; and my M.S. is in Bioregional Planning & Community Design. Over the last 8-9 summers I’ve worked as a crew boss for a U.S. Forest Service Trail Crew. I’m a bit of NEPA nerd and when I don’t have my nose in a book or typing away on my Mac, I can usually be found playing on the side of a mountain or in a river somewhere with my beautiful wife.