Application of NEPA to nuclear weapons production, storage, and testing Weinberger v. Catholic Action of Hawaii/Peace Education Project

Journal Article · Sun Jan 01 00:00:00 EST 1984 · Boston Coll. Environ. Aff. Law Rev.; (United States)

OSTI ID:5745788

Sauber, A J

The National Environmental Policy Act (NEPA) requirement of environmental impact statements for the testing of military equipment, specifically nuclear weapons, conflicts with national security objectives. The author examines NEPA and the Freedom of Information Act (FOIA) in terms of the environmental effects of weapons testing and the relevant case law. The Supreme Court's decision in Catholic Action of Hawaii/Peace Education Project sought to resolve the conflict by distinguishing between a project which is contemplated and one which is proposed. The classification scheme embodied in the FOIA exemption for national security may cause unwarranted frustration of NEPA's goals. The author outlines a new classification system and review mechanism that could curb military abuse in this area.

• Research Organization: Boston College Environmental Affairs Law Review, Newton Center, MA
• OSTI ID: 5745788
• Journal Information: Boston Coll. Environ. Aff. Law Rev.; (United States), Vol. 11:2
• Country of Publication: United States
• Language: English

Related Subjects

45 MILITARY TECHNOLOGY, WEAPONRY, AND NATIONAL DEFENSE
29 ENERGY PLANNING
POLICY AND ECONOMY
ENVIRONMENTAL IMPACTS
INFORMATION NEEDS
NATIONAL DEFENSE
LEGAL ASPECTS
NUCLEAR WEAPONS
STORAGE FACILITIES
TESTING
US NATL ENVIRONMENT POLICY ACT
IMPLEMENTATION
CASE LAW
LAWS
WEAPONS
450202* - Explosions & Explosives- Nuclear- Weaponry- (-1989)
290600 - Energy Planning & Policy- Nuclear Energy
290300 - Energy Planning & Policy- Environment
Health
& Safety