Three environmental organizations recently filed suit seeking to force the Export-Import Bank of the United States and the Atomic Energy Commission to comply with NEPA requirements in the nuclear export program.¹ The suit raises a potentially significant and so far unlitigated question as to NEPA's applicability to agency activities outside the United States. If successful, the suit might set a precedent for requiring environmental analysis of other international programs, such as foreign aid, which so far have not complied with NEPA.

The nuclear export program consists of a series of interlocking transactions. The AEC negotiates bilateral agreements for cooperation with foreign governments interested in receiving nuclear equipment. The agreement governs the general terms of any future exports, including safety and restrictions on military use required by law. The foreign government may then seek financing for a proposed purchase of nuclear equipment and fuel by submitting an application to the Export-Import Bank. If financing is approved, the foreign purchaser must obtain an export license from the AEC before the transaction can be completed.