Dist. Ct. erred in resolving merits of plaintiffs-environmental groups’ challenge to Fish and Wildlife Services’ issuance of right-of-way permit and compatibility determination that would allow defendants to construct transmission line on Wildlife Refuge property and challenge to Service’s reliance on environmental impact statement that plaintiffs asserted was deficient under National Environmental Policy Act, where record showed that: (1) prior to Dist. Ct.’s ruling, Service had indicated that it had improperly relied on certain documents and was withdrawing its compatibility determination and right-of-way permit; (2) Service would consider defendant’s alternative proposal to swap land in lieu of seeking permit; and (3) Service had not made new decisions on compatibility/permit/land swap issues at time Dist. Ct. found that Service’s withdrawn compatibility determination would not support either issuance of permit or proposed land swap. Dist. Ct. should have dismissed instant action, rather than making determination on merits, since due to Services’ withdrawals of its compatibility determination and permit, there was no final action by Service for Dist. Ct. to consider. Ct. of Appeals further found that Dist. Ct.’s rationale that delay in resolution of said issues would work hardship on parties did not override necessity that Service issue final decision on said issues prior to Dist. Ct.’s consideration of any challenge.
Federal 7th Circuit Court
Civil Court
Environmental Law