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"Little NEPA's" in the Courts: Washington and Montana Environmental Policy Acts Are Alive and Well

October 1976

Citation: 6 ELR 10216

Issue: 10

On July 22, 1976, two state supreme courts handed down significant decisions interpreting the requirements of state statutes modeled on the National Environmental Policy Act. One of the rulings dealt with judicial review of an agency threshold determination not to file an environmental impact statement; the other concerned the adequacy of a particular environmental impact statement. And one followed a series of judicial opinions construing the state's statute while the other represented the court's first look at its state environmental policy act. Both opinions, however, signal judicial recognition of the spirit behind the letter of the statutes, whose operative language is identical to that of NEPA, and reflect a deep judicial commitment to full implementation of their basic policy objectives.

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