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Show CALVERT CLIFFS' COORD. COM. v. UNITED STATES A. E. COM'N 1129 Cite a.s 449 F.2d 1109 (1971) its present rules. It must consider action, as well as file reports and papers, at the pre-operating license stage. As the Commission candidly admits, such consideration does not amount to a retroactive application of NEPA. Although the projects in question may have been commenced and initially approved before January 1, 1970, the Act clearly applies to them since they must still pass muster before going into full operation.43 All we demand is that the environmental review be as full and fruitful as possible. VI We hold that, in the four respects detailed above, the Commission must revise its rules governing consideration of environmental issues. We do not impose a harsh burden on the Commission. For we require only an exercise of substantive discretion which will protect the environment "to the fullest extent possible." No less is required if the grand congressional purposes underlying NEPA are to become a reality. Remanded for proceedings consistent with this opinion. APPENDIX Public Law 91-190 91st Congress, S. 1075 January 1, 1970 An Act To establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality, and for other purposes. 43. The courts which have held NEPA to be nonretroactive have not faced situations like the one before us here-situations where there are two, distinct stages of federal approval, one occurring before the Act's effective date and one after that date. See Note, supra Note 25. The guidelines issued by the Council on Environmental Quality urge agencies to employ NEPA procedures to minimize environmental damage, even when approval of particular projects was given before January 1, 1970: "To the maximum extent practicable the^-ction 102(2) (C) procedure should be *L .-'died to further 449 F.2d-71V2 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Environmental Policy Act of 1969." PURPOSE Sec. 2. The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment ; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. TITLE I DECLARATION OF NATIONAL ENVIRONMENTAL POLICY Sec. 101. (a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and major Federal actions having a significant effect on the environment even though they arise from projects or programs initiated prior to enactment of [NEPA] on January 1, 1970. Where it is not practicable to reassess the basic course of action, it is still important that further incremental major actions be shaped so as to mimimize adverse environmental consequences. It is also important in farther action that account be taken of environmental consequences not fully evaluated at the outset of the project or program." 30 Fed.Reg. at 7727. |
