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Article in This Issue: "Substantive Rights Under NEPA," by Richard S. Arnold

June 1973

Citation: ELR 10079

NEPA watchers who were asked in late 1972 what they thought the chances were that the courts would review agency project decisions on their merits under NEPA's substantive provisions usually gave a pessimistic answer. By February, 1973, however, three (and possibly four) circuit courts appeared to have resolved the issue in favor of such review. In his article, The Substantive Right to Environmental Quality Under the National Environmental Policy Act (3 ELR 50028). Richard Arnold analyzes the cases that brought about this important recent development in NEPA's generally remarkable legal history. As an attorney who has brought several NEPA suits for the Environmental Defense Fund, including the two in which the key Eighth Circuit decisions on substantive review were delivered (the Cossatot River and Cache River cases), Mr. Arnold is especially well-equipped to write an important expansion of judicial review under NEPA.

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