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Show Mr. John Hoffman December 4, 1974 Page 2 I think that questions of scope of environmental review under NEPA are possibly the most critical to be addressed in terms of the overall effectiveness of NEPA as a protector of the environment. No doubt you and the others shown below receiving a copy of thi s letter do not need a great deal of background on this point. Suffice it to say that if federal agencies can sub-divide a project in such a form as to appear reasonable and do it in a voluminous manner, then NEPA's effectiveness becomes severely limited. I envision a petition for cert as emphasizing (1) conflict of circuits--Green County, (2nd Circuit) and Sipi (D.C. Circuit) vs. the 10th Circuit's decision in CUP, and (2) the important question of public interest and concern presented. Although I am not optimistic about the chances, and though I am aware of the denial of cert in the New Melones Dam matter from tr - 9th Circuit, I think we owe it to our clients to make another effort. I think the importance of the question requires this. I also feel that the CUP case is as good a factual situation upon which to make such an appeal as any case. You will note that I have sent copies of this letter to the attorneys representing our co-plaintiffs. I look forward to their response in helping us make our decision. I look forward to hearing from you. Sincerely, r - Rj Anthony Ruckel Denver Office HAR/sk cc: John Leshy, Natural Resources Defense Council, Palo Alto, California George Pring, Environmental Defense Fund, Denver, Colorado Hugh Harness, Trout Unlimited, Birmingham, Michigan Larry Reno, Trout Unlimited, Denver, Colorado Dennis Olsen, Salt Lake City, Utah Curtis Oberhansly, Salt Lake City, Utah Ruth Frear, Chairman, Uinta Chapter, Salt Lake City, Utah June Viavant, Director, Uinta Chapter, Salt Lake City, Utah David Raskin, Uinta Chapter, Vancourver, British Columbia, Canada John McComb, Southwest Representative of Sierra Club, Tucson, Arizona |
