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Keywords

plaintiffdefendantinjunctionmotionregulationmotion to dismiss
plaintiffdefendantjurisdictioninjunctionmotionregulationmotion to dismiss

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Environmental Defense Fund, Inc. v. Massey, 772 F.Supp. 1296, 33 ERC 1796, 21 Envtl. L. Rep. 21,512

Facts

On June 28, 1991, the Environmental Defense Fund (EDF) filed a motion for a preliminary injunction against the National Science Foundation (NSF) to stop the incineration of food-related and selected domestic waste at NSF's McMurdo Station in Antarctica after October 1, 1991. EDF argued that NSF had not conducted the necessary environmental analysis as mandated by NEPA and related regulations. NSF countered with a motion to dismiss, claiming that NEPA does not apply to actions outside the U.S. and that the Executive Order does not create a private cause of action.

EDF seeks to halt continued use of an interim incinerator after October 1, 1991, and to enjoin the operation of a permanent incinerator after October 1, 1991. EDF contends that NSF has not prepared the proper environmental analysis as required under the National Environmental Policy Act (“NEPA”), regulations of the Council on Environmental Quality (“CEQ”), and Executive Order 12114.

Issue

Does the National Environmental Policy Act (NEPA) apply extraterritorially to actions taken by the National Science Foundation (NSF) in Antarctica, and is there a private cause of action to enforce Executive Order 12114?

EDF contends that NEPA applies extraterritorially. NSF contends that the Foley doctrine prevents extraterritorial extension of NEPA to the Antarctica.

Rule

The court held that NEPA does not apply extraterritorially and that Executive Order 12114 does not create a private cause of action.

The Court concludes that NEPA does not apply extraterritorially. Further, the Court concludes that Executive Order 12114 does not create a cause of action.

Analysis

The court analyzed the applicability of NEPA and concluded that there was no clear expression of Congressional intent for NEPA to apply beyond U.S. territory. The court referenced the Supreme Court's decision in Aramco, which emphasized that legislation is generally intended to apply only within the U.S. Furthermore, the court found that Executive Order 12114, while related to NEPA, does not provide a basis for a private civil cause of action.

The Court cannot ferret out a clear expression of Congress' intention that NEPA should apply beyond the territorial jurisdiction of the United States. Therefore, based on the recent Supreme Court decision in Aramco, this Court has no choice but to decide that NEPA does not apply to the NSF's decision to build the incinerators in the Antarctica.

Conclusion

The court granted the defendants' motion to dismiss and denied the plaintiff's motion for a preliminary injunction as moot.

Accordingly, the Court concludes that defendants' motion to dismiss should be granted and plaintiff's motion for a preliminary injunction denied as moot.

Who won?

The National Science Foundation (NSF) prevailed in the case because the court found that NEPA does not apply to actions taken in Antarctica and that there is no private cause of action under Executive Order 12114.

The court is compelled to conclude that NEPA does not apply extraterritorially and Executive Order 12114 does not provide for a private cause of action.

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