Several environmental organizations recently filed suit seeking to require an environmental analysis of the Agency for International Development's (AID) use of pesticides in foreign countries.¹ The basis for the suit is AID's financial and technical assistance in the use of pesticides, including several banned in the United States, by foreign governments. Resolution of this narrow issue hinges on the answer to an important legal question—the applicability of NEPA to activities outside the United States. The status of CEQ interpretations of NEPA's requirements is also involved because of a 1973 letter from CEQ to AID requesting the environmental analysis sought by the plaintiffs.

AID assistance for the purchase and application of pesticides is given primarily through commodity assistance programs. Items are placed on a Commodity Eligibility List, which makes them eligible for AID financing. AID may thereafter provide assistance to foreign governments, agencies, or nationals, for the procurement and use of items on the list. Among the pesticides on the Commodity Eligibility List are DDT, aldrin, and dieldrin. Pesticide purchases are also funded through various capital and technical assistance programs as part of agricultural development projects.