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Natural Resources Defense Council v. Morton

Citation: 2 ELR 20071
No. No. 2397-71, 337 F. Supp. 170/3 ERC 1623/(D.D.C., 02/01/1972) On remand

For the opinion of the Court of Appeals for the District of Columbia (dated January 13, 1972) see 2 ELR 20029. On remand, the District Court holds that the document styled "Addendum to the Final Environmental Impact Statement" filed by the Department of the Interior on January 17, 1972, does not comply with NEPA because the Addendum, which is in effect a draft statement drawn up to fill in the lacunae pointed out by the Court of Appeals, has not been submitted for comment or review to otherFederal agencies nor have comments and views of the "appropriate Federal, state, and local agencies" been solicited, as required by NEPA. However, the court finds that the case is moot, and dismisses it without prejudice since the lease sale had been cancelled as of January 20, 1972.

Attorneys for the Plaintiffs
Thomas B. Stoel, Jr.
Edward L. Strohbehn, Jr.
Natural Resources Defense Council, Inc.
1600 20th Street Northwest
Washington, D.C. 20009

Attorney for the Defendant
Thomas L. McKevitt
Department of Justice
Washington, D.C. 20530