Natural Resources Defense Council, Inc. v. Export-Import Bank

No. 77-0080 (D.D.C. February 23, 1979)

The parties agree to dismiss without prejudice this suit to compel compliance by defendant Export-Import Bank with the requirements of the National Environmental Policy Act (NEPA). The President has issued Executive Order No. 12114 concerning actions to be taken by federal agencies to further environmental objectives regarding the environment outside the United States, and Eximbank will adopt procedures to implement this Executive Order. No party to the stipulation takes any position regarding the applicability of NEPA to the actions of defendants.

For a digest summary of the documents filed in this case, see ELR PEND. LIT. 65444 and 65541. For an analysis of the Executive Order, see Comment, President Orders Environmental Reviews of International Actions, 9 ELR 10011 (Jan. 1979).

Counsel for Plaintiffs
Thomas B. Stoel, Jr., Suedeen M. Gibbons
Natural Resources Defense Council, Inc.
917 15th St. NW, Washington DC 20005
(202) 737-5000

Counsel for Defendants
James T. Draude
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3796

counsel for Intervenor-Defendant Chicago Ass'n of Commerce and Industry
Charles N. Brower, Paul L. Friedman, Thomas W. Bergdall
White & Case
1747 Pennsylvania Ave. NW, Washington DC 20006
(202) 872-0013

[9 ELR 20145]

Order

Upon consideration of the federal defendants' Motion for Approval of Stipulation of Dismissal, the Stipulation of Dismissal signed by the plaintiffs and the federal defendants, and oral argument of counsel for the parties, it is, this 23rd day of February 1979

ORDERED that the Stipulation of Dismissal signed by the plaintiffs and the federal defendants be, and is hereby, approved; and it is

FURTHER ORDERED that the parties shall comply with the terms and conditions of said Stipulation of Dismissal; and it is

FURTHER ORDERED that this case be, and is hereby, dismissed without prejudice upon the terms and conditions of said Stipulation of Dismissal.

Stipulation of Dismissal

The undersigned parties hereby stipulate and agree to settle the issues between them in this case as follows:

1. The provisions set forth herein are in the public interest and constitute an appropriate and reasonable basis for disposition of this case.

2. The parties to this Stipulation note that:

a. By order of March 10, 1978, the court held the proceedings in this case in abeyance to accord the Executive Branch an opportunity to formulate policy with respect to federal actions having environmental impacts outside the United States.

b. The President has issued Executive Order 12114 (44 Fed. Reg. 1957, Jan. 9, 1979) concerning the procedural and other actions to be taken by federal agencies, including the Export-Import Bank, to further environmental objectives consistent with the foreign policy and national security policy of the United States with respect to the environment outside the United States, its territories, and possessions.

3. As required by Executive Order 12114, the federal defendants, in consultation with the Department of State and the Council on Environmental Quality, will adopt procedures to implement the Executive Order within eight months after the effective date of the Executive Order.

4. No party to this stipulation is, by entering into the stipulation, taking any position concerning the applicability or non-applicability of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. to the actions of the federal defendants.

5. On the basis of this stipulation and pursuant to FED. R. CIV. P. 41(a)(2), the undersigned parties hereby agree that this case be dismissed without prejudice subject to the approval of the court.