ELR Citation: ELR 20724
No(s). 89-1483 (D.D.C. Feb 12, 1989)

The court holds that plaintiffs may proceed with their suit seeking to enjoin the Secretaries of Energy, Interior, and Agriculture from approving, funding, or participating in programs that contribute to the greenhouse effect without evaluating the impacts under the National Environmental Policy Act (NEPA). The court first holds that plaintiffs do not seek an impermissible advisory opinion concerning the general duty of federal agencies to consider the greenhouse effect in all NEPA documents. Plaintiffs have named 26 specific programs that they claim do not contain adequate environmental documentation. The court holds that plaintiffs' claims are ripe, since they cite specific actions by defendants that may entitle plaintiffs to relief on the merits. The court holds that plaintiffs have standing. Their allegation that defendants' alleged NEPA violations impeded their informational, educational, and activist functions is sufficient to support standing.

Counsel for Plaintiffs
Edward Lee Rogers
1130 17th St. NW, Ste. 210, Washington DC 20036
(202) 835-1570

Counsel for Defendants
Gary B. Randall, Daria J. Zane
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-2600