Trustees for Alaska v. Hodel

No. A85-551 CIV (D. Alaska February 25, 1986)

The court holds that the decision by the Secretary of the Interior and the Fish and Wildlife Service to prepare a final version of the Alaska National Interest Lands Conservation Act (ANILCA) § 1002 report to Congress on the impact of oil and gas development on the arctic coast and the accompanying legislative environmental impact statement (EIS) without opportunity for public notice and comment, violates § 102(2)(c) of the National Environmental Policy Act. The court orders defendants to prepare a draft ANILCA § 1002 report and a draft EIS, and to respond to public comments before submitting the documents to Congress. The court also rules that plaintiffs may file a motion for attorneys fees.

[Pleadings in this case appeared at ELR PEND. LIT. 65884.]

Counsel of Plaintiffs
Robert W. Adler, Eric Smith
Trustees for Alaska
725 Christensen Dr., #4, Anchorage AK 99501
(907) 276-4244

Counsel for Defendants
Regina Belt, Ass't U.S. Attorney
Federal Bldg. & U.S. Cthse., 701 C St., Rm. C-252, Mail Box 9, Anchorage AK 99513
(907) 271-5071

[16 ELR 20507]

Waters, J.:

Order Re Plaintiffs' Motion for Partial Summary Judgment

The Plantiffs' Motion for Partial Summary Judgment on the NEPA Count in this action (Count I) is hereby GRANTED. The Court finds and declares as follows:

1. This matter was heard by the Court on cross motions for summary judgment. No issues of material fact are in dispute.

2. The defendants' decision to prepare a final version of the report to Congress required by section 1002 of the Alaska National Interest Lands Conservation Act, and the accompanying Legislative Environmental Impact Statement (LEIS), without first providing an opportunity for public notice and comment, violates the National Environmental Policy Act (NEPA) and the applicable NEPA implementing regulations.

3. Defendants shall prepare a draft of the section 1002 report and accompanying LEIS, and shall provide a full opportunity for public review and comment of said draft documents, before submitting a final version of the report and LEIS to Congress. Defendants shall provide the public with an opportunity to submit written comments on the draft report, and shall hold public hearings in order to allow local residents and other members of the interested public, in Alaska and elsewhere, a full opportunity to comment on the draft report.

4. Defendants shall respond to the public comments in the final LEIS that is submitted to Congress, and shall incorporate such comments and suggestions into the section 1002 report as are appropriate. Defendants shall publish locally their responses to the public comments, before or at the time the section 1002 report is released in final form, to allow the public and Congress to benefit from active and educated public participation in the ensuing Congressional consideration of the section 1002 report.

5. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, judgment shall be entered in favor of the plaintiffs with respect to Count I in this action. Plaintiffs thereafter may file a motion for attorney's fees and a bill of costs with respect to Count I.