ENVIRONMENTAL LAW — AGENCY DISCRETION AVERSION — SIXTH CIRCUIT HOLDS THAT AGENCIES ARE NOT BOUND BY THE ESA OR NEPA WHEN REVIEWING OIL SPILL RESPONSE PLANS. — National Wildlife Federation v. Secretary of the U.S. Department of Transportation, 960 F.3d 872 (6th Cir. 2020).

The article focuses on the decision of the U.S. Court of Appeals for Sixth Circuit in the case National Wildlife Federation v. Secretary of the U.S. Department of Transportation which held that agencies are not bound by either the Endangered Species Act (ESA) or the National Environmental Policy Act (NEPA) when evaluating and approving these response plans. It also mentions need to prepare an environmental impact statement as per NEPA.