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14. See Note, 'The International Joint Connission and International Boundary and Water Conbission: Potential for Environnental Control Along the Boundaries,' 6 N.Y.U.J. INT'L L. and POL. 499 (1973).

15. Sierra Club v. AEC, 4 ELR 20885 (Docket 1867-73, D.D.C. Aug. 3, 1974).

16. Environmental Defense Fund v. AID, 6 ELR 20121 (Docket 75-0500, D.D.C. Dec. 5, 1975).

17. Sierra Club v. Coleman. 405 F. Supp. 53; 421 F. Supp. 63; 6 ELR 20799; (Docket No. 75-1040 (D.D.C. Oct. 17, 1975; Sept 23, 1976); mdfd. sub. nom. Sierra Club v. Adams, 578 F. 2d 389, Docket No. 762158 (D.C. Cir., March 14, 1978).

18. Sierra Club v. Adams, 578 F. 2d 389 at 391-92, note 14.

19. A.D. Tarlock, 'The Application of the National Environmental Policy Act of 1969 To The Darien Gap Highway Project,' 7 N.Y.U.J. INT'L. L. and POL. 459 (1974).

20. 42 USC 4332(2)(F), originally enacted as 6102(2)(E() in P.L. 91190.

21. 463 F. 2d 1261 (D.C. Cir., 1972).

22. Id. at 1262-63.

23. People of Saipan v. Interior, 356 f. Supp. 645 (D. Haw. 1973), aff'd as afd 502 F. 2d 90 (9th Cir., 1974); People of Enewatak v. Laird. 353 F. Supp. 811 (D. Haw. 1973); see also NORMAL v. State, 452 F. Supp. 1226, 8 ELR 20572 11 ERC 1841 (Docket 78-0428; D.D.C. June 8, 1978), noted in 'NEPA and the Mexican Marijuana Eradication Program,' 19 NAT. RES. J. 213 (1979).

24. CEQ memorandum to Heads of Agencies, from Russell Peterson, September 24, 1976.

25. CEO Memorandum to Heads of Agencies, from Charles Warren, January 19, 1978.

26. Id. at Appendix B, letter of Dec. 9, 1977 from AID Administrator John J. Gilligan.

27. E.O. 12114 (Jan. 4, 1979); see also President Orders Environmental Review of International Actions,' 9 E.L.R. 10011 (Jan., 1979.

28. Section 2-5(a), E.O. 12114.

29. NRDC v. NRC, 647 F. 2d. 1345 (D.C. Cir., 1981).

30. The CEO Legal Advisory Committee had reported this trend as early as 1971.

See op. cit., supra note 8, at p. 16: 'the attitudes of the developing countries are changing in part because of U.S. diplonatic efforts to this end and can be expected to continue to change in the direction of increased concern for the environmental effects of development; noreover, the 9102(2)(c) statement can be a useful educational device to further this objective.'

31. Senator Jackson in floor debate on NEPA, 115 CONG. REC. 4041 (1969).

32. Japan, Cabinet Decision, 'On Implementation of Environmental Impact Assessment,' 28 August 1984.

33. Agenda Iten 10, UNEP Governing Council, 14th Session, June 1987.

34. Id., 4th Principle.

35. ASEAN Agreement on the Conservation of Nature and Natural Resources, reprinted in 15 Environmental Policy and Law pp. 64-69 (1985), provides in Article 14 for "Impact Assessment' as follows:

1) The Contracting Parties undertake that proposals
for any activity which may significantly affect the
natural environment shall as far as possible be
subject to an assessment of their consequences before
they are adopted, and they shall take into
consideration the results of this assessment in their
decision-making process.

*2) In those cases where any such activities are
undertaken, the Contracting Parties shall plan and
carry them out so as to overcome or minimize any
assessed adverse effects and shall monitor such
effects with a view to taking remedial action as

36. See generally the texts of various laws and the revised Treaty on the Conservation of Nature, Organization of African Unity, reprinted in ENVIRONMENTAL POLICY AND LAW (editorial offices in Bonn F.R.G.).

37. Article 7 of EEC Directive, supra note 2.

38. On Hungary, see Sandor Kisgyorgy, 'The Possibilities and Limitations of the Environmental Impact Assessment In Case of Insufficiency of Available Data-Hungarian Experiences,' UN ECE Seminar on Envir'i. Impact Assessment, Warsaw, 30 March 1987 (ENV/SEM,. 17/R. 13). On Poland, see Environmental Impact Assessment System (Final Technical Report, UNDP, WHO, Polish Peoples Republic Ministry of Administration, Local Economy and Envir'i. Prot., July 1983). On the USSR, see Decree of the CPSU Central Committee and Council of Ministers printed in Pravda, January 17, 1988.

39. This has been the case since shortly after NEPA's enactment. See, e.g. the EIS for a loan by the U.S. Department of Housing and Urban Development of 83.5 million for an apartment building in Oregon, Goose Hollow Foothills Leaque v. Romney 334 F. Supp. F. Supp. 877, 1 ELR 20492 (D.c. Or., 1971).

40. Section 118, 22 U.S.C. 2151 p.

41. Section 117(c) of the Foreign Assistance Act, 95 Stat. 1533.

42. Charles Warren, 'A Look Before We Leap: Applying NEPA To U.S. Actions Abroad,' 3rd Annual Conference, Nat'l Assoc. of Envir'i Professionals (Feb. 8, 1978).

43. H.J.R. 395 (Dec. 21, 1987); FY 1988 Continuing Resolution is Public Law 100-202.

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46. On programmatic environmental impact statements generally see W.H. RODGERS, JR., ENVIRONMENTAL LAW, 97.9 (Wests, 1977).

47. 115 CONG. REC. 29002 (Oct. 8, 1969).



(914) 681-4244

Selected Pages of the Report of The

Legal Advisory Committee
To The President's Council on Environmental Quality

(December, 1971)


Testimony of

Nicholas A. Robinson

Before The

U.S. Senate
Subconmittee on Hazardous Waste & Toxic Substances

Committee on Environment and Public Works




December, 1971

Members of the Legal Advisory Committee


Whitney North Seymour, Jr.
U.S. Attorney for the Southern District of New York
New York, New York

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