Courts examine U.S. environmental laws' extraterritorial reach; a D.C. Circuit decision on NEPA could affect overseas business

Article Abstract:

The rulings of the US Court of Appeals for the District of Columbia, in Environmental Defense Fund, Inc v. Massey, that the National Environmental Policy Act (NEPA) required an environmental impact statement before food wastes could be incinerated in Antarctic, represents the first time the NEPA has been applied to a government action outside the US. The judges reached their conclusion by applying the 'territorial effects' exception to the presumption against the extraterritorial reach of US environmental law. The Foley/Aramco presumption will still limit of the extraterritorial application of most environmental law.

Exterritoriality, Extraterritoriality

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Finding a "proposal" for major federal action consistent with the purposes of NEPA: does Blue Ocean Preservation Society v. Watkins breathe new life into the law?

Article Abstract:

The decision in Blue Ocean Preservation Society v. Watkins provides adequate guidelines for requiring Environmental Impact Statements (EISs) from federal agencies. The case involved environmental and native Hawaiian opposition to the Hawaii Geothermal Energy Project. The Dept of Energy was required to submit an EIS under the National Environmental Policy Act (NEPA). There had been inadequate EIS requirements under the Kleppe v. Sierra Club ruling, but the US Supreme Court broadened the Kleppe rule for federal proposals which require an EIS.

Case Note

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Gov. uses high court ruling to put casinos in bind; Wis. Gov. Thompson uses immunity decision to seek nongambling concessions

Article Abstract:

Wisconsin governor Tommy G Thompson is trying to get a stronger state share of Indian tribe casino's profits and stronger guarantees of casinos' environmental effects but the tribes are seeking federal intervention to shield their interests. The governor feels supported in this attempt by a 1997 Supreme Court decision forbidding tribal litigation against states. At stake are Wisconsin's Native American casinos, legalized by compacts concerning the ground rules on casino gambling as defined by the 1988 Indian Gaming Regulatory Act.

United States, Political activity, Environmental aspects, Native Americans, Native North Americans, Casinos, Wisconsin, Thompson, Tommy G.

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