This Note will evaluate the success of NEPA, especially that of sections 101 and 102(2)(C), in bringing environmental awareness into the planning and decision-making of the Federal Highway Administration. The discussion considers first the effect of NEPA upon citizens’ suits brought to review federal agency actions; second, those features of federal-aid highway construction and FHWA procedures which present special obstacles to the implementation of NEPA; and third, the problems confronted to date in litigation attempting to enforce the requirement of an impact statement.
With a combination of congressional legislation and internal reorganization, the Atomic Energy Commission can become an agency which will be able to take a broad view of all the alternatives, not just nuclear power, and devise a sorely needed orderly
Examines the deterioration of jurisdiction in federal courts for environmental citizen suits over the past twenty years, as well as new signs of a reemergence.
Examines difficulties in meeting the procedural requirements of the NEPA and efforts to create and implement a substantive standard.
Analyzes NRDC v. SEC II, a case addressing the SEC's refusal to promulgate environmental disclosure regulations, based on merits and standard of review