FOR IMMEDIATE RELEASE—December 15, 2006                      Contact:  Brendan LaCivita

Chamber Seeks Supreme Court Review of Terror Assessments in Environmental Impact Actions

WASHINGTON, D.C. — Today the National Chamber Litigation Center (NCLC) asked the U.S. Supreme Court to review whether the National Environmental Policy Act (NEPA) compels federal agencies to consider the potential environmental impact of terrorist attacks on federally  licensed facilities.

"Congress never intended NEPA to address issues of national security or threat assessments," said Robin Conrad, NCLC senior vice president. "The Ninth Circuit has overstepped its bounds. Requiring federal agencies to address terrorist threats as part of their environmental review process would add unreasonable costs and delays to projects vital to the economy and national security."

Congress enacted NEPA in 1969 to ensure that federal agencies consider the environmental impacts of their decisions.

In Pacific Gas and Electric Co. v. San Luis Obispo Mothers for Peace, et al., Pacific Gas and Electric applied for a license to store spent nuclear fuel in an independent spent fuel storage installation, which was made public for hearing by the Nuclear Regulatory Commission (NRC).  In petitioning to intervene, San Luis Obispo Mothers for Peace requested that the NRC address the environmental consequences of a terrorist attack on the storage facility. Contrary to other appellate courts, the Ninth Circuit agreed and held that NEPA requires federal agencies to address the environmental effects of possible terrorist acts.

"Allowing the Ninth Circuit's decision to stand would undermine the important role NEPA plays in ensuring safety and protection of the environment by inviting a slew of unwarranted and politically motivated lawsuits," said Conrad. "The Supreme Court should grant review to restore the ability of federal agencies to act without undue delay or expense on all types of projects subject to NEPA review."

NCLC, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies. The U.S. Chamber of Commerce is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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