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Show SCIENTISTS' INST. FOR PUB. INFO., INC. v. ATOMIC ENERGY COM'N 1091 Citens4Sl F.2U 1079 (1973) the first LMFBR demonstration plant, the EPA stated: "Because of the importance of the LMFBR program, we believe that a thorough and timely evaluation of the overall environmental effects of a national commitment to this concept of electricity generation is warranted. Since the results of the demonstration program could influence a decision to use LMFBR's on a broad scale, we encourage you to fully examine all the environmental effects associated with a national commitment to use LMFBR's to generate electricity as soon as practicable." 47 [8,9] We thus tread firm ground in holding that NEPA requires impact statements for major federal research programs, such as the Commission's LMFBR program, aimed at development of new technologies which, when applied, will significantly affect the quality of the human environment. To the extent the Commission's "environmental survey" would not be issued in accordance with NEPA's procedures for preparation and distribution, it is not an adequate substitute for a NEPA statement. These procedural requirements are not dispensable technicalities, but are crucial if the 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,4* and of ensuring meaningful consideration of environmental factors at all stages of agency decision making.49 47. See letter from David D. Dominick, Assistant Administrator for Categorical Programs, EPA, to John A. Erlewine, Assistant General Manager for Operations, AEC, reprinted in AEC, Environmental Statement: Liquid Metal Fast Breeder Reactor Demonstration Plant A-l (April 1972) (hereinafter AEC, LMFBR Impact Statement). See also NEPA Hearings, supra note 20, at 100 (Senator Gravel) : " I share their concern. I would like to know the environmental implications if we are going to launch a plutonium economy, and the time to know these problems is before we spend billions and billions of dollars, rather than after." It is apparent, however, that the Commission seeks to avoid issuing its forthcoming "environmental survey" as an impact statement under Section 102, not out of any desire to circumvent NEPA's procedural requirements, but rather because of a fear that Section 102's requirements as to the contents of an impact statement are so strict, particularly as to the need for "detail" in the statement, that any Commission attempt to issue its environmental survey as a NEPA statement would be doomed to failure. While we do not altogether understand the Commission's fears, we feel they are based on certain misapprehensions as to what NEPA requires. [10] It is now clear that an agency's duties to issue a 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.5a' But we have also recognized that the statute admits of some degree of flexibility and agency discretion in determining the contents of impact statements.51 The range of actions covered by NEPA, as we have just seen, is exceedingly broad, ranging from, for example, construction of a particular segment of interstate highway to embarkation upon a broad development program of nationwide significance such as the LMFBR program. The issues, format, length and detail of impact statements for actions as diverse as these must of course differ. NEPA is 48. See Natural Resources Defense Council, Inc. v. Morton, 148 U.S.App.D.C. 5, 11, 458 F.2d 827, 833 (1972) ; Calvert Cliffs' Coordinating Committee v. USAEC, supra note 1, 146 U.S.App.D.C. at 38, 449 F.2d at 1114. 49. See Calvert Cliffs' Coordinating Committee v. USAEC, supra note 1, 146 U.S. App.D.C. at 38, 449 F.2d at 1114. 50. Id., 146 U.S.App.D.C. at 36-39, 449 F. 2d at 1112-1115. 51. See Natural Resources Defense Council, Inc. v. Morton, supra note 48, 148 U.S. App.D.C. at 14-16, 458 F.2d at S36-83S. |
