ELR Citation: ELR 21512
No(s). 91-1068 (D.D.C. Aug 28, 1991)

The court holds that it lacks subject matter jurisdiction to review a motion to enjoin the National Science Foundation's interim and permanent incinerator operations in Antarctica for not complying with the environmental analysis preparation requirements under the National Environmental Policy Act (NEPA) and Executive Order No. 12114. The court first holds that NEPA does not apply extraterritorially. Although NEPA's purpose is described in broad statutory language, the court, based on the Supreme Court's recent decision in Equal Opportunity Employment Commission v. Arabian American Oil Co., holds that the statute does not contain a clear statement of intent to apply extraterritorially. The court similarly holds that Executive Order No. 12114 is not enforceable in private civil suits absent a statutory mandate. The executive order specifically states that it does not create a cause of action.

Counsel for Plaintiff
Peter Von Mehren
Wilmer, Cutler & Pickering
2445 M St. NW, Washington DC 20037
(202) 663-6000

Counsel for Defendants
Beverly Nash
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000