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Show SCIENTISTS' INST. FOR PUB. INFO., INC. v. ATOMIC ENERGY COM'N 1081 Cite as 481 F.2<1 1079 (1973) National ance with National Environmental Policy Act procedures, and if the Commission made a good-faith effort in the survey to describe the reasonably foreseeable environmental impact of the program, alternatives to the program and their reasonably foreseeable environmental impact and the irreversible and irretrievable commitment of resources the program involved, the survey would satisfy requirements of the National Environmental Policy Act. National Environmental Policy Act of 1969, § 102(2) (C), 42 U.S.C.A. § 4332(2)(C). f the human environment environmental Policy Act of 1969, § 102(2)(C), 42 U.S.C.A. § 4332(2)(C). n Health and Environment <S=>25.10 National Environmental Policy Act's procedures for preparation and distribution of environmental impact statement are not dispensable technicalities, but are crucial if environmental impact statement is to serve its dual functions of informing Congress, the president, other concerned agencies and the public of the environmental effects of agency action, and of ensuring meaningful consideration of environmental factors at all stages of agency decision making. National Environmental Policy Act of 1969, § 102(2) (C), 42 U.S.C.A. § 4332(2)(C). 10. Health and Environment <3=>25.10 An agency's duties to issue environmental impact statement on a project and to consider environmental factors at each stage of agency decision making as to that project are not inherently flexible or discretionary, but the National Environmental Policy Act admits to some degree of flexibility and agency discretion in determining the contents of impact statements. National Environmental Policy Act of 1969, § 102(2) (C), 42 U.S.C.A. § 4332(2)(C). 11. Health and Environment G=>25.10 National Environmental Policy Act's requirement that agency describe anticipated environmental effects of proposed action is subject to a rule of reason; the agency need not foresee the unforeseeable, but by same token neither can it avoid drafting an impact statement simply because describing the environmental effects of and alternatives to particular agency action involves some degree of forecasting. National Environmental Policy Act of 1969, § 102(2)(C), 42 U.S.C.A. § 4332(2)(C). 12. Health and Environment @=>25.10 If the Atomic Energy Commission's environmental survey in connection with its liquid metal fast breeder reactor program was prepared and issued in accord- 481 F.2d-68V2 13. Health and Environment €=>25.10 Factors to be considered in determining when to draft an environmental impact statement for a technology development program set forth. National Environmental Policy Act of 1969, § 102(2) (C), 42 U.S.C.A. § 4332(2) (C). 14. Health and Environment' <S=>25.10 Initial and primary responsibility for striking a balance between competing concerns that must be reconciled in determining when to draft environmental impact statement for a technology development program must rest with the agency itself, not with the courts; at same time, however, some degree of judicial scrutiny of an agency's decision that the time is not yet ripe for such a statement is necessary in order to ensure that the policies of the National Environmental Policy Act are not being frustrated or ignored. National Environmental Policy Act of 1969, § 102(2)(C), 42 U.S.C.A. § 4332(2)(C). 15. Health and Environment ©=25.10 Agencies engaged in long-term technological research and development programs should develop either formal or informal procedures for regular, perhaps annual, evaluation of whether time for drafting an environmental impact statement has arrived. National Environmental Policy Act of 1969, § 102(2) (C), 42 U.S.C.A. § 4332(2) (C). 16. Health and Environment €=325.10 When agency has decided that environmental impact statement is not yet |
