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

Journal Article · Wed Apr 01 04:00:00 EST 1981 · Nat. Resour. J.; (United States)

OSTI ID:6306996

Liroff, R A

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.

• Research Organization: The Conservation Foundation, Washington, DC
• OSTI ID: 6306996
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 21:2; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
GOVERNMENT POLICIES
INTERVENORS
LAWS
LAWSUITS
LEGAL ASPECTS
NATIONAL ENVIRONMENTAL POLICY ACT