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.

The Environmental Law Institute has recently been awarded a six-month research contract by the Marine Mammal Commission, which was established by Title II of the Marine Mammal Protection Act of 1972.

More than one year has passed since the Arab oil embargo threw a complacent America into temporary panic and made it clear that Americans have irrevocably added energy to food, clothing, and shelter as one of life's essentials. While the panic is gone, at least for now, the crisis is likely to be with us for a long time in one form or another. Our appetite for energy, already six times the world per capita average,¹ continues to grow faster than our capacity to develop new sources of supply.

The latest skirmish in the battle for clean air centers around a recently developed device known as the flue gas desulphurization system or "stack gas scrubber." This emission control device utilizes a process by which flue gases are passed through a water suspension, or slurry, of lime or limestone that chemically removes the toxic sulphur oxides from the smoke before it is released into the atmosphere.

In November, the Natural Resources Defense Council petitioned the Consumer Product Safety Commission for an immediate ban on spray cans using freon (a DuPont tradename) and similar fluorocarbons as a propellant. NRDC cited growing scientific evidence that the gases released from aerosol cans are causing gradual deterioration of the ozone layer in the upper atmosphere. The ozone layer, about 10 to 20 miles up, shields the earth from ultraviolet radiation, a major cause of skin cancer. A study conducted by Dr.

Five years' experience with NEPA has taught environmentalists many lessons, but one of the most important is the necessity for effective administrative procedures for providing early public notice of proposed governmental actions that might significantly affect the environment.

The Environmental Protection Agency recently contracted with the Environmental Law Institute for a year-long research project entitled "Federal Tax Policy and Depletable Resources: Impacts and Alternatives for Recycling and Conservation." The project, which will join legal and economic talents, is the Institute's first major interdisciplinary venture.

The 93rd Congress produced a number of eleventh hour surprises to brighten what otherwise would have amounted to a discouraging environmental legislation scorecard. In particular two major acts, the Deepwater Port Act and the Safe Drinking Water Act, combine stringent environmental protection provisions with strong citizen suit and award-of-fee sections, making both fields fertile for public interest and environmental litigation.

It is now more than a year since then President Nixon announced that the Outer Continental Shelf would be called upon to play a crucial role in implementing the newly formulated national policy of energy self-sufficiency. The Ford Administration, while warmly endorsing Project Independence, has tacitly conceded that the original target date of 1980 was unrealistic and replaced it with 1985.

In a major NEPA decision, the Second Circuit Court of Appeals has planted its feet firmly on a deck which, if not actually burning, indisputably smells of smoke. In companion highway cases decided December 11, the court held—despite decisions to the contrary in five circuits—that federal agencies must prepare their own environmental impact statements and cannot delegate the task to state officials or private parties.¹ The ruling reaffirmed the Second Circuit's 1972 decision in Greene County Planning Board v.