NEPA does not allow court to inject itself into [decision]. J: Seven Counties applies to EIS cases. DOJ: incorrect ... precedent that it applies to NEPA writ large. J: Judge Amy Berman Jackson wrote recently that Seven County only applied to EIS cases. DOJ: I'll have to follow up. /168

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DOJ: then court says... agencies can decide ... dont have to analyze all connected projects together. up to agency to decide as long as it draws reasonable & manageble line, courts must defer. critical to disaggregate agency's role from court's role. ... court's should defer ... /167

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DOJ: the central principle ... courts must defer ... some courts have strayed and not applied NEPA with level of deference demanded lby statutory text. those courts have engaged in overly intrusive review. "the bedrock principle ... can be stated in one word: deference." /166

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Adjourned till 1:30pm /94

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J: do we need mr. Lands? I'm going to release him. AL: but also Ms. Bowron. J: oh, yes. definitely need to speak to her. Judge now releasing Lands. Thank you for testifying over holiday. sorry to call you in today and not hear from you. /93

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