ELR Citation: ELR 21471
No(s). 93-5212 (D.C. Cir. Sep 24, 1993)

The court reverses a district court decision that the National Environmental Policy Act requires the Office of the U.S. Trade Representative (OTR) to prepare an environmental impact statement for the North American Free Trade Agreement (NAFTA), because the OTR's completion of negotiations on NAFTA is not "final agency action" under the Administrative Procedure Act (APA) and is therefore not reviewable by the court. Even though the OTR has completed negotiating NAFTA, the agreement will have no effect on the plaintiff environmental group's members until the president submits it to Congress, and presidential action is not reviewable under the APA.

[The district court's opinion is published at 23 ELR 21130.]

Counsel for Appellees
Patti A. Goldman
Public Citizen Litigation Group
2000 P St. NW, Ste. 700, Washington DC 20036
(202) 833-3000

Counsel for Appellants
Hon. Drew S. Days III, Solicitor General
Office of Solicitor General
U.S. Department of Justice, Rm. 5143, Washington DC 20530
(202) 514-2201