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Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review Apr 1983

Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review

Michigan Law Review

This Note considers the question of whether NEPA requires an EIS in cases of official refusal to exercise discretionary agency authority. Part I develops the competing theories for resolving this question. The current judicial attitude, which has excluded important cases with far-reaching environmental effects from the EIS requirement, plainly frustrates the statute's procedural purposes. Regulations promulgated by the Council on Environmental Quality define "major federal action" to include the failure to act under certain circumstances, and offer one alternative to the current approach. But the regulations condition the classification of inaction as action upon reviewability under the Administrative Procedures Act, …


The Environmental Decade In Court, Michigan Law Review Mar 1983

The Environmental Decade In Court, Michigan Law Review

Michigan Law Review

A Review of The Environmental Decade in Court by Lettie McSpadden Wenner


Prohibitive Policy: Implementing The Federal Endangered Species Act, Michigan Law Review Mar 1983

Prohibitive Policy: Implementing The Federal Endangered Species Act, Michigan Law Review

Michigan Law Review

A Review of Prohibitive Policy: Implementing the Federal Endangered Species Act by Steven Yaffee