LEGAL ASPECTS OF THE ENVIRONMENT 591
increasingly futile attempt to control a mosquito population
that had long since become resistant to that pesticide, but the
broad spectrum, persistent chemical biocide, 1,1,1-trichloro-2,
2-bis parachlorophenyl) ethane: DDT itself.
The New York State Supreme Court issued a temporary
injunction restraining the County of Suffolk from using
DDT for mosquito control on August 15, 1966 and continued
this “temporary” injunction until December 6, 1967, finally
holding that:
DDT has, by its inherent chemical stability, become
a continuing factor in some ecological life cycles so as to
profoundly alter them and the environmental equilibrium.
Thus, it is reasonably apparent that DDT is capable of and
actually has to some extent caused extraordinary damage to
the resources of this country. If in no other way, the chemi-
cal by its very stability has introduced an element of insta-
bility in the general ecosystem. For instance, by reducing a
food source of some of the larger wildlife and so reducing
the overall large wildlife population, lesser elements multiply
more quickly. These lower forms are presumably more of a
nuisance, assuming they in turn survive. Furthermore, DDT
affects wildlife directly. Its ingestion, from whatever source
has the capability, it seems, to disrupt reproductive processes
or even more simply act as a poison. It is fairly apparent then
that the application of DDT in Suffolk County has and is con-
tinuing to have a demonstrable effect on local wildlife, reduc-
ing it slowly but surely, either directly across the board or
indirectly from the top down, but reducing it nevertheless.
We have a situation where plaintiff has at least minimally
sustained a massive effort to validiate the allegation that DDT
does in fact do biological harm [ Yannacone v. Dennison et al.
(1967) 55 Misc 2d 468, 471–472, 285 NYS 2d 476].ENVIRONMENTAL LEGISLATIONNational Environmental Policy Act of 1969The principal national legislative statement on the environ-
ment is the National Environmental Policy Act of 1969
(National Environment Policy Act) the purpose of which is:
To declare a national harmony which will encourage pro-
ductive and enjoyable harmony between man and his envi-
ronment; to promote efforts which will prevent or eliminate
damage to the environment and biosphere and stimulate the
health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the
Nation; and to establish a Council on Environmental Quality.
The National Environmental Policy Act (NEPA) is a syn-
thesis by a Conference Committee of bills introduced in the
Senate by Senator Jackson and in the House by Congressman
Dingell.
The declaration of a national environmental policy con-
tained in section 101 of the act speaks for itself.Sec. 101. (a) The Congress, recognizing the profound
impact of man’s activity on the interrelations of all com-
ponents of the natural environment, particularly theprofound influences of population growth, high-density
urbanization, industrial expansion, resource exploitation,
and new and expanding technological advances and rec-
ognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare
and development of man, declares that it is the continu-
ing policy of the Federal Government, in cooperation
with State and local governments, and other concerned
public and private organizations to use all practicable
means and measures, including financial and technical
assistance, in a manner calculated to foster and promote
the general welfare, to create and maintain conditions
under which man and nature can exist in productive har-
mony, and fulfill the social, economic, and other require-
ments of present and future generations of Americans.
(b) In order to carry out the policy set forth in
this Act, it is the continuing responsibility of
the Federal Government to use all practicable
means, consistent with other essential con-
siderations of national policy, to improve and
coordinate Federal plans, functions, programs,
and resources to the end that the Nation may
1) fulfill the responsibilities of each generation
as trustee of the environment for succeeding
generations:
2) assure for all Americans safe, healthful,
productive, and esthetically and culturally
pleasing surroundings:
3) attain the widest range of beneficial uses of
the environment without degradation, risk
to health or safety, or other undesirable and
unintended consequences:
4) preserve important historic, cultural, and natu-
ral aspects of our natural heritage, and maintain,
wherever possible, an environment which sup-
ports diversity and variety of individual choice;
5) achieve a balance between population and
resource use which will permit high stan-
dards of living and a wide sharing of life’s
amenities; and
6) enhance the quality of renewable resources
and approach the maximum attainable recy-
cling of depletable resources.
(c) The Congress recognizes that each person should
enjoy a healthful environment and that each per-
son has a responsibility to contribute to the pres-
ervation and enhancement of the environment.Sec. 101 (b) (95) is recognition by Congress that uncon-
trolled magnitude and distribution of population under-
lies many of this nation’s environmental and resource
problems. To insure that a high standard of living is
made available to all citizens and that all citizens have
the opportunity for aesthetic enjoyment from a qual-
ity environment, the intent of NEPA is that the Federal
Government must strive to maintain the magnitude andC012_001_r03.indd 591C012_001_r03.indd 591 11/18/2005 10:33:18 AM11/18/2005 10:33:18 AM