thoughts on the Ninth Circuit

July 03, 2008 | By PACIFIC LEGAL FOUNDATION

In response to today's Ninth Circuit NEPA decision in Lands Council v. McNair, Jonathan Adler offers an interesting thought:

After briefly skimming the court's opinion in Lands Council v. McNair, I think it could be quite significant. In recent years, the Ninth Circuit has been something of an outlier in environmental law, and the most desirable jurisdiction for environmentalist plaintiffs. Insofar as this decision indicates a desire by Ninth Circuit judges to tame the court's environmental jurisprudence, it could be a biggie.