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Show SCIENTISTS' INST. FOR PUB. INFO., Cite an 4S1 F.2d in assuming that the impact statement process was designed only for particular facilities rather than for analysis of the overall effects of broad agency programs. Indeed, quite the contrary is true. "Individual actions that are related either geographically or as logical parts in a chain of contemplated actions may be more appropriately evaluated in a single, program statement. INC. v. ATOMIC ENERGY COM'N 1087 1079 (1973) Such' a statement also appears appropriate in connection with * * * the development of a new program that contemplates a number of subsequent actions. * * * [T]he program statement has a number of advantages. It provides an occasion for a more exhaustive consideration of effects and alternatives than would be practicable in a statement on an individual action. It ensures consideration of cumulative impacts that might than a single specific action. While it is true that the policies, programs and plans of an agency do "not give rise to a justiciable controversy save as they had fruition in action of a definite and concrete character," Ashwander v. TVA, 297 U.S. 288, 324, 56 S.Ct. 466, 472, 80 L.Ed. 688 (1936), the AEC's LMFBR certainly passes this requirement of justiciability. The AEC has already begun step-by-step implementation of the program. This program has life, not only in the minds of AEC scientists, but through actions already being carried out. Traditional principles of ripeness dictate that judicial resources be reserved for problems which are real and present, not hypothetical and remote. See 3 K. Davis, Administrative Law Treatise 116 (1958). The instant case is ripe under these principles since the issue tendered for review is whether an impact statement' on the AEC's LMFBR program is presently required under NEPA. That the statement itself would consider the future effects of the program does not detract from the ripeness of this legal issue. The basic thrust of NEPA is, to require consideration of environmental effects of proposed agency action long enough before that action is taken so that important agency decisions can meaningfully reflect environmental concerns. In the context of a long-range program such as is involved here, judicial review of compliance with NEPA is necessary at stages at which significant resources are being committed, lest the statute's basic purpose be thwarted. See text at pp. 1093-1094 infra. With respect to appellant's standing to sue, we think appellant has alleged sufficient "injury in fact" to satisfy the standing test recently set out by the Supreme Court in Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972). As this court has already had occasion to note, the Sierra Club decision retained the principle of a modernized law of standing which embraces injury in fact to other than economic interests. See Environmental Defense Fund, Inc. v. EPA, 150 U.S.App.D.C. 348, 350- 351 n. 1, 465 F.2d 52S, 530-531 n. ,1 (1972). Unlike the Sierra Club, which failed to allege that it or any of its members would be affected in any of their activities by the federal action in question, see 405 U.S. at 735, 92 S.Ct. 1361, the plaintiff organization in this case has clearly alleged and demonstrated that it and its members are 'adversely affected by the AEC's decision not to draft an impact statement on the overall LMFBR program. The activities of the plaintiff organization in this ease, as described in a memorandum submitted to the District Court on the standing issue, include making available to the public scientific information relevant to important social issues and stimulating and informing public discussion of the scientific aspects of questions of public policy. The AEC's decision not to provide an impact statement on the overall LMFBR program has an adverse effect on these organizational activities by limiting appellant's ability to provide the public information on the LMFBR program. Appellant thus has alleged and shown more than the "mere 'interest in a problem'" held insufficient in Sierra Club. See 405 U.S. at 739, 92 S.Ct. 1361. Any other approach to standing in the context of suits to ensure compliance with NEPA for long-range Government programs not yet resulting in injury to discrete economic, aesthetic or environmental interests would insulate administrative action from judicial review, prevent the public interest from being protected through the judicial process, and frustrate the policies Congress expressed in NEPA, a result clearly inconsistent with the Supreme Court's approach to standing. See 405 U.S. at 740, 92 S.Ct. 1361. Accordingly, we believe the District Court was correct in finding that appellant has standing. |
