Application of NEPA to nuclear weapons production, storage, and testing Weinberger v. Catholic Action of Hawaii/Peace Education Project
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), Journal Name: Boston Coll. Environ. Aff. Law Rev.; (United States) Vol. 11:2; ISSN BCERD
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
290600 -- Energy Planning & Policy-- Nuclear Energy
45 MILITARY TECHNOLOGY, WEAPONRY, AND NATIONAL DEFENSE
450202* -- Explosions & Explosives-- Nuclear-- Weaponry-- (-1989)
CASE LAW
ENVIRONMENTAL IMPACTS
IMPLEMENTATION
INFORMATION NEEDS
LAWS
LEGAL ASPECTS
NATIONAL DEFENSE
NUCLEAR WEAPONS
STORAGE FACILITIES
TESTING
US NATL ENVIRONMENT POLICY ACT
WEAPONS