42 U.S.C. § 4335
Efforts supplemental to existing authorizations
The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of Federal agencies.
Notes of Decisions
Cited in 13
cases, 1973–1988 · leading case: United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973).
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973). “Thus, 42 U. S. C. § 4335 specifies that "[t]he policies and goals set forth in [NEPA] are supplementary to those set forth in existing authorizations of Federal agencies," and 42 U.”
Sierra Club v. James M. Sigler, Etc., Pelican Terminal Co. & Galveston Wharves, Intervenors-Appellees, 695 F.2d 957 (5th Cir. 1983). “The mandate to develop and use environmentally conscious decisionmaking procedures found in Section 4332(B) is supplementary to existing policy mandates of federal agencies, see 42 U.S.C. § 4335 , and each agency must mesh the requirements of NEPA with its own governing statute…”
Glass Packaging Inst. v. Donald T. Regan, Sec'y of the Treasury, 737 F.2d 1083 (D.C. Cir. 1984). “See 42 U.S.C. § 4335 (1976). 44 . 21 U.S.C. § 331 (b), (k) (1983).”
Eastlake Cmty. Council v. Roanoke Assocs., Inc., 513 P.2d 36 (Wash. 1973). “060 and 42 U.S.C. § 4335 [6] Though a substantive result is not dictated by SEPA where adverse environmental impact is indicated, the approval of such a project may reveal an abuse of discretion by the public agency where mitigation or avoidance of damage was possible.”
State of Louisiana, Louisiana Mun. Ass'n & Par. of Cameron v. Fed. Power Comm'n, 503 F.2d 844 (5th Cir. 1974). “(Emphasis supplied) 42 U.S.C.A. § 4335 (1973). Thus FPC’s primary obligations remain the same; NEPA merely adds a secondary responsibility by mandating that FPC consider the environment in carrying out its statutorily mandated duties.”
Union Oil Co. of California v. The Honorable Rogers C. B. Morton, Sec'y of the Interior of the United States of Am., 512 F.2d 743 (9th Cir. 1975). “NEPA directs that we construe the Outer Continental Shelf Act in light of Congress’ desire to “create and maintain conditions under which man and nature can exist in productive harmony .”
Brubaker v. Bd. of Cty. Com'rs, El Paso Cty., 652 P.2d 1050 (Colo. 1982). “2d 254, 273 (1973); see also 42 U.S.C. § 4335 (1976). Indeed, where there is an unavoidable conflict between NEPA and other federal authority, it is NEPA that *1060 must give way.”
Mobil Oil Corp. v. Fed. Trade Comm'n, 430 F. Supp. 855 (S.D.N.Y. 1977). “” But see note 20 supra; see 42 U.S.C. § 4335 . 22 . By contrast, there is nothing in the Act itself or the legislative comments accompanying its passage to suggest that FTC enforcement proceedings are not included within the section’s reach.”
Nat. Resources Def. Council, Inc. v. Sec. & Exch. Comm'n, 389 F. Supp. 689 (D.D.C. 1974). “…§ 4331 Section 102 is 42 U.S.C. § 4332 Section 103 is 42 U.S.C. § 4333 Section 104 is 42 U.S.C. § 4334 Section 105 is 42 U.S.C. § 4335”
Mall Props., Inc. v. Marsh, 672 F. Supp. 561 (D. Mass. 1987). “First, defendants rely on § 105 of NEPA, 42 U.S. C. § 4335 which states that “the policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal Agencies.”
St. Joseph Historical Soc'y v. Land Clearance for Redevelopment Auth., 366 F. Supp. 605 (W.D. Mo. 1973). “In the conference committee’s substitute, the contents of section 105 of the Act ( 42 U.S.C. § 4335 ) are explained as follows: “This section declares that the policies and goals set forth in the bill are supplementary to those set forth in existing authorities of Federal…”
Brubaker v. Bd. of Cnty. Commissioners, 652 P.2d 1050 (Colo. 1982). “2d 254, 273 (1973); see also 42 U.S.C. § 4335 (1976). Indeed, where there is an unavoidable conflict between NEPA and other federal authority, it is NEPA that *1060 must give way.”
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