Judicial Review as Viewed by the Judiciary

December 1974
Citation:
4
ELR 50148
Issue
12
Author
Carl O. Bue Jr.

The available time for this brief presentation does not permit any extended discussion of NEPA—the National Environmental Policy Act and the preparation of environmental impact statements pursuant to its provisions. This statute's basic requirements and obligations have been sufficiently outlined by major court decisions. At the very least, NEPA is an "environmental full disclosure law"1—an "action-forcing" statute2 that is intended to ensure "substantial and consistent consideration of environmental factors in decision making" by the agencies, even where it may conflict with other federal objectives.3 The court has the obligation to ensure that all federal agencies use "all practicable means consistent with other essential considerations of national policy" to meet the policies established by Congress.4

What do these generalizations mean? In plain language, this statute seeks to ensure that "no agency shall utilize an excessively narrow construction of its existing statutory authorizations to avoid compliance."5 An agency's review must reflect a "systematic interdisciplinary approach" and be developed in consultation with the Council on Environmental Quality.6 It is a matter of common sense that the field-level personnel of the federal agencies, those directly associated with the projects creating environmental impact, are in the best position to become aware of potential conflict between existing practices and environmental policies.

U.S. District Judge for the Southern District of Texas

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Judicial Review as Viewed by the Judiciary

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