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Title: NEPA litigation in the 1970s: a deluge or a dribble

Abstract

This article examines several facets of litigation under the National Environmental Policy Act of 1969 (NEPA) during the 1970s. It briefly describes congressional expectations regarding lawsuits and then focuses on number of cases, characteristics of plaintiffs and defendants, and factors prompting aggrieved parties to seek judicial relief. NEPA cases are also compared to other civil cases as a measure of NEPA's impact on the federal courts. The future amount of litigation under NEPA may ultimately be influenced by congressional decisions regarding the availability of judicial review of agency decisions. Since the Republicans have gained control of the US Senate, and the House of Representatives is now somewhat more conservative, legislative proposals to limit judicial review under NEPA may find more positive reception. Efforts to limit citizen redress in the courts would be unfortunate. Litigation is often a product of administrative failure to recognize the legitimacy of environmental and other relevant values in decision-making. Some litigation, therefore, is unavoidable, but responsiveness to relevant values in the administrative process, and development of carefully reasoned policies based on more than political ideology, are the best ways to minimize future NEPA litigation. 3 tables.

Authors:
Publication Date:
Research Org.:
The Conservation Foundation, Washington, DC
OSTI Identifier:
6306996
Resource Type:
Journal Article
Journal Name:
Nat. Resour. J.; (United States)
Additional Journal Information:
Journal Volume: 21:2
Country of Publication:
United States
Language:
English
Subject:
29 ENERGY PLANNING, POLICY AND ECONOMY; NATIONAL ENVIRONMENTAL POLICY ACT; LAWSUITS; GOVERNMENT POLICIES; INTERVENORS; LEGAL ASPECTS; LAWS; 290300* - Energy Planning & Policy- Environment, Health, & Safety

Citation Formats

Liroff, R A. NEPA litigation in the 1970s: a deluge or a dribble. United States: N. p., 1981. Web.
Liroff, R A. NEPA litigation in the 1970s: a deluge or a dribble. United States.
Liroff, R A. 1981. "NEPA litigation in the 1970s: a deluge or a dribble". United States.
@article{osti_6306996,
title = {NEPA litigation in the 1970s: a deluge or a dribble},
author = {Liroff, R A},
abstractNote = {This article examines several facets of litigation under the National Environmental Policy Act of 1969 (NEPA) during the 1970s. It briefly describes congressional expectations regarding lawsuits and then focuses on number of cases, characteristics of plaintiffs and defendants, and factors prompting aggrieved parties to seek judicial relief. NEPA cases are also compared to other civil cases as a measure of NEPA's impact on the federal courts. The future amount of litigation under NEPA may ultimately be influenced by congressional decisions regarding the availability of judicial review of agency decisions. Since the Republicans have gained control of the US Senate, and the House of Representatives is now somewhat more conservative, legislative proposals to limit judicial review under NEPA may find more positive reception. Efforts to limit citizen redress in the courts would be unfortunate. Litigation is often a product of administrative failure to recognize the legitimacy of environmental and other relevant values in decision-making. Some litigation, therefore, is unavoidable, but responsiveness to relevant values in the administrative process, and development of carefully reasoned policies based on more than political ideology, are the best ways to minimize future NEPA litigation. 3 tables.},
doi = {},
url = {https://www.osti.gov/biblio/6306996}, journal = {Nat. Resour. J.; (United States)},
number = ,
volume = 21:2,
place = {United States},
year = {Wed Apr 01 00:00:00 EST 1981},
month = {Wed Apr 01 00:00:00 EST 1981}
}