ELR Citation: ELR 20335
No(s). 72-1554 (9th Cir. Apr 16, 1973)

An action brought under the National Environmental Policy Act to compel the Department of Agriculture to deny federal subsidies to farmers using pesticides and fertilizers that pollute well water is dismissed. There is no need for an impact statement since there is no federal action in the private use of farm subsidies. The Department has reviewed its farm subsidy program as required by §103 of NEPA, and it has a rational explanation as to why no environmental conditions are imposed on private use of farm subsidies. For lower court decision, see 2 ELR 20151.

Counsel for Appellants
Richard D. Fretz
California Rural Legal Assistance Program
P.O. Box 425
Santa Maria, CA 93454

Peter H. Reid
Legal Aid Society of San Mateo County
6836 Mission Street
Daly City, CA 94104

Counsel for Defendants
Dwayne Keyes United States Attorney
United States Courthouse
650 Capitol Mall
Sacramento, CA 95814

Peter R. Steenland
Department of Justice
Washington, DC 20530