Nepa's impact statement in the federal courts: a case study of NRDC vs Morton

Journal Article · Mon Jan 01 04:00:00 EST 1973 · Environ. Aff., v. 2, no. 4, pp. 807-826

OSTI ID:4410778

Lukey, J A

To date, the National Environmental Policy Act of 1969 (NEPA), has provided an effective forum in the Federal courts for environmentalists. Besides giving conservation groups standing to bring suits, the Act as interpreted by the courts forces Government agencies to study and consider the effects of their activities on the environment. The courts have the power of judicial review of Government compliance with NEPA as two stages: first, where challenged by an individual or organization with standing, the courts have made the substantive determination as to whether or not a particular project falls within the meaning of the Act; and second, the courts have determined whether the Federal agency has adequately fulfilled the procedural requirements of the Act. Most litigation in both areas has concerned the impact statement. NRDC v. Morton is cited as an excellent example of the use of that procedural requirement as an environmentalist's tool. Guidelines were enumerated concerning the scope of alternative provisions to be included in the impact statement. Recom

• Research Organization: Originating Research Org. not identified
• NSA Number: NSA-29-004692
• OSTI ID: 4410778
• Journal Information: Environ. Aff., v. 2, no. 4, pp. 807-826, Journal Name: Environ. Aff., v. 2, no. 4, pp. 807-826; ISSN EVAFB
• Country of Publication: Country unknown/Code not available
• Language: English

Related Subjects

*ENVIRONMENT-- LEGAL ASPECTS
LAWS
N80400* --Law
REGULATIONS
USA