What is the test for a judicial review of an Emergency Information System (EIS) prepared in accordance with the Administrative Procedure Act?
MultiRegion, United States of America
The following excerpt is from Animal Defense Council v. Hodel, 840 F.2d 1432 (9th Cir. 1988):
Judicial review of agency action in preparing an EIS is governed by the Administrative Procedure Act, 5 U.S.C. Sec. 706(2)(D) (1982). See Stop H-3 Association v. Dole, 740 F.2d 1442, 1461 (9th Cir.1984), cert. denied, 471 U.S. 1108, 105 S.Ct. 2344, 85 L.Ed.2d 859 (1985). Therefore, "[t]he adequacy of an EIS depends upon whether it was prepared in observance of the procedure
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