ELR Citation: ELR 20708
No(s). 84-2272 (D.D.C. Jun 13, 1985)

The court holds that water users and managers have standing to challenge the Water Resources Council's (WRC's) repeal of planning regulations and adoption of nonbinding guidelines under the Water Resources Planning Act (WRPA), and that the action is both subject to review under the Administrative Procedure Act and ripe for review under the National Environmental Policy Act (NEPA). The court first holds that the plaintiffs have suffered injury-in-fact, since the regulatory relaxation threatens both the National Wildlife Federation members' use and enjoyment of water and the Missouri Department of Conservation's management of water resources. The court then considers the defendants' argument that the challenged procedures are not causally related to any alleged injury because the agency recommendations which utilize those procedures are subject to congressional authorization and NEPA review. The court rejects the argument because recommendations increase the chances of congressional approval and NEPA review extends only to the substance of the recommendations.The court then holds that the injury arguably falls within the zone of inerests protected by the WRPA, which includes the conservation of water resources. The court holds that the defendants failed to provide clear and convincing evidence that the WRC's actions are committed to agency discretion and therefore immune to review. Though recommendations may be unreviewable after Congress has acted on them, this case challenged the preparation process prior to congressional review. Finally, the court holds that the case is ripe for review under NEPA because the change from regulations to guidelines constitutes final agency action, WRC regulations require NEPA review for such changes, and WRC prepared an environmental assessment of the action.

Counsel for Plaintiffs
Edward Lee Rogers
Suite T-200, 1780 P St. NW, Washington DC 20036
(202) 387-1600

Counsel for Defendants
George William Sherk
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-2290