Microsoft Word - Casebook on Environmental law
THE UNITED STATES OF AMERICA THE UNITED STATES COURT OF APPEAL FOR THE DISTRICT OF COLUMBIA CIRCUIT 449 F.2d 1109 (1971) CALVERT ...
CALVERT CLIFFS' COORDINATING COMMITTEE, INC., ET AL. == PETITIONERS, VERSUS UNITED STATES ATOMIC ENERGY COMMISSION AND UNITED ST ...
NEPA, like so much other reform legislation of the last 40 years, is cast in terms of a general mandate and broad delegation of ...
accordance with the policies set forth in this Act." Congress also "authorizes and directs" that "(2) all agencies of the Federa ...
considerations." To "consider" the former "along with" the latter must involve a balancing process. In some instances environmen ...
They stated:^11 'The purpose of the new language is to make it clear that each agency of the Federal Government shall comply wit ...
In the cases before us now, we do not have to review a particular decision by the Atomic Energy Commission granting a constructi ...
stage, the Commission's regulatory staff must take the applicant's report and prepare its own "detailed statement" of environmen ...
We believe that the Commission's crabbed interpretation of NEPA makes a mockery of the Act. What possible purpose could there be ...
whenever there are serious environmental costs overlooked or uncorrected by the staff, some party will intervene to bring those ...
Again, the Commission's approach to statutory interpretation is strange indeed-so strange that it seems to reveal a rather thoro ...
this point as part of a difficult, discretionary effort to decide whether or not its hearing boards should deal with environment ...
the enactment of NEPA, the Commission already had regulations requiring that hearings include health, safety and radiological ma ...
the water quality or other standards set by such agencies.^32 The upshot is that the NEPA pro- cedures, viewed by the Commission ...
full consultation. It most certainly did not authorize a total abdication to those agencies. Nor did it grant a license to disre ...
WQIA, for all that Section 104 [**43] of NEPA does is to reaffirm other "specific statutory obligations." Unless those obligatio ...
some consideration and balancing of environmental costs-despite the lack of a formal detailed statement but he did not spell out ...
cases such as this one, the most we should do to interpret clear statutory wording is to see that the overriding purpose behind ...
with other essential considerations of national policy." As we have previously pointed out, however, that mandate applies only t ...
possible. We hold that, in the four respects detailed above, the Commission must revise its rules governing consideration of env ...
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