ENVIRONMENTAL IMPACT STATEMENT ADEQUATE FOR ATLANTIC OCS SALE, COURT RULES

Oct 13, 2026

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Slanted market and policy commentary focuses on U.S. environmental regulation in 1977, highlighting EPA funding and reporting proposals and guidance issued by the Council on Environmental Quality. A featured court report states that the U.S. Second Circuit upheld an Interior Department environmental impact statement for a Baltimore Canyon offshore oil and gas lease sale, finding compliance with the National Environmental Policy Act. It explains the original legal challenge, the district court’s concerns about impacts and costs, and the appeals court’s reasoning.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages11

Reading Time28 min

AccessFree to download

SLANTS & TRENDS

President Carter and EPA supplemental funding

Public Works Committee and water pollution control

EPA toxic substances reporting proposals

Council on Environmental Quality interim guidelines

ENVIRONMENTAL IMPACT STATEMENT ADEQUATE FOR ATLANTIC OCS SALE, COURT RULES

Appeals court compliance with NEPA

Initial lawsuit and district court concerns

Interior appeals and conditions on permits

Appeals court reasoning on pipeline impacts

Vol.15 No.35 August 29,1977 意 *Court Finds Baltimore Canyon Impact Statement Adequate for Lease Sale-·.Page 342 *EPA's Third Draft Lead Criteria Document Links Air,Blood Levels-- - -Page 343 *Water Quality Assessments Consolidated To Eliminate Duplication -Page 343 *EPA Identifies 77 FGD Systems for Evaluation,Possible Funding Support Page 344 *GAO Blames Inadequate Planning,Management for Failure of Coalcon· Page 344 *Chrysler Cleared in $91-Million Auto Emission Control Lawsuit · Page 345 *New York City Transportation Control Accord Reached;No Parking Ban------Page 345 *Battelle Evaluates Stoker Boiler Controls,Industrial Fume Incinerators--- Page 346 *EPRI Funds Study of Particulate Impact on Pulmonary Macrophages- -Page 346 SLANTS &TRENDS PRESIDENT CARTER ASKED CONGRESS last week for a $35-million supplemental appropria-tion in fiscal 1978 to fund additional Environmental Protection Agency research on emission con-trol from coal-burning energy sources.EPA's Richard Stern indicated last week that no fiscal 1978funds have been budgeted for support of flue gas desulfurization systems which EPA's InteragencyFGD Evaluation Study might find deserving(see story,p.344),and an additional infusion of moneyfrom Congress could eliminate the need to reallocate funds from other agency programs.Other coalcombustion news appears on page 346.幽 HOUSE PUBLIC WORKS COMMITTEE should decide this week or next how to proceed toward aconference on Federal Water Pollution Control Act Amendments.Sentiment is building,committeeaides say,for some type of further House committee hearings.Since Congress plans to adjournOct.8,only one month would be available for hearings,floor action and conference.Simple billcontaining sewage treatment construction grant and other authorizations appears to be emerging asa fallback position should a conference committee run out of time in which to resolve differencesbetween House and Senate bills CHEMICAL MANUFACTURERS ARE UNHAPPY about new EPA proposals which would requirethem to report site-specific production figures for chemicals and petroleum products produced in theU.S.Agency officials contend the regulations-to be promulgated under the Toxic Substances Con-trol Act-would enable EPA to trace sources of chemical spills more efficiently.At a public meet-ing last week,however,chemical manufacturers charged the agency with overstepping its legislativemandate by"asking more than it needed."Furthermore,the manufacturers told EPA they cannotsubmit site-specific data without adequate assurances that trade secrets will be protected.Final rulesare expected in November. 串率 COUNCIL ON ENVIRONMENTAL QUALITY has issued interim guidelines designed to resolve majorenvironmental disputes between government agencies.Pointing out that Environmental ProtectionAgency is required to refer environmentally unsatisfactory projects to CEQ,the Council's new guide-lines stress that other agencies may also report disputed impacts which constitute major violations ofnational environmental standards and policies,are very severe,and could create precedents.Referralsshould be made only after unsuccessful,timely attempts to resolve the complaints with the propos-ing agency,CEQ said,noting the interim procedures will guide the process until publication of formalregulations. August 29,1977 Overturning a lower court order whichnullified a major $1.1-billion oil andgas lease sale in the Baltimore Canyon # ENVIRONMENTAL IMPACT STATEMENT ADEQUATEFOR ATLANTIC OCS SALE,COURT RULES area off New Jersey and Delaware,Second U.S.Circuit Court of Appeals decided last week thatInterior Department's environmental impact statement on the 93-tract sale satisfied National Environ-mental Policy Act requirements(A/WPR,March 7,1977,p.95).Oil companies welcomed the decisionand said drilling could begin by year's end if there are no further delays. Suit was originally filed

FAQs

What did the appeals court decide about the Atlantic OCS lease sale environmental review?

The U.S. Second Circuit decided that the Interior Department environmental impact statement satisfied National Environmental Policy Act requirements for the offshore lease sale.

Who challenged the adequacy of the environmental impact statement?

New York and New Jersey counties and environmental groups challenged it, arguing it was inadequate to protect beaches and properly assess pipeline and other environmental effects.

Why did the appeals court view projecting pipeline consequences as unhelpful at that stage?

The court said it would be a “meaningless exercise” because discovery, location, and whether jurisdictions would bar pipelines were unknown, so the Secretary could assess consequences more realistically later through development plans.

Oct 13, 2026

Upload by Oliver