EPA's Responsibilities Under the National Environmental Policy Act: Further Developments
A comment in last month's ELR1 analyzed the question of NEPA's applicability to "major federal actions" taken by the Environmental Protection Agency, and called on EPA to prepare impact statements, rather than "environmental explanations," for its guidelines, regulations, and standards. On September 20, the House received the conference report on H.R. 8619, authorizing agricultural, environmental, and consumer protection appropriations for the fiscal year ending June 30, 1974.2 The report stated that while the House had proposed a $5,000,000 appropriation to EPA to enable the Agency to prepare environmental impact statements, the Senate bill provided the same amount to fund "environmental explanations" instead. The conferees agreed on the House version, declaring that "had the Agency prepared environmental impact statements and given consideration to such things as cost to consumers and producers our present and foreseeable energy problems would likely not be as serious as they now appear to be."3
Rep. John Dingell, who was floor manager for NEPA in the House four years ago and has remained a strong supporter of the law, applauded the conferees' decision.4 At the same time, he released an opinion that he had requested from the Comptroller General, head of the General Accounting Office, on the question of NEPA's applicability to EPA under present law.