^** [The Introductory Note was prepared for International Legal Materials by Robert E. Stein, Director, North American Office, International Institute for Environment and Development.]

¹ 6 ERC 1737 (1974).

² CEQ 5th Annual Report (1974) at 399-400.

³ Id at 392, 399; for a list of Agency Regulations see CEQ 7th Annual Report (1976) at 128-131.

⁴ Noted at 15 I.L.M. 984 (1976).

¹ See, e.g., Sections 101(b),(2), 101(b)(4), 201.

² 115 Cong. Rec. 29082 (Oct. 8, 1969).

³ See, e.g., Sen. Rep. No. 91-296, 91st Cong., 1st Sess., at 17, 43-45 (1969); H.R. Rep. No. 91-378, 91st Cong., 1st Sess., at 5, 7 (1969).

⁴ 115 Cong. Rec. 19009 (July 10, 1969); see also 115 Cong. Rec. 14347 (May 29, 1969); 115 Cong. Rec. 26575-16476 (Sept. 23, 1969); 115 Cong. Rec. 29056 (Oct. 8, 1969).

⁵ H.R. Rep. 92-316, 92nd Cong., 1st Sess., at 32-33 (1971).

⁶ CEQ, Environmental Quality - 1970, at 200 (1970).

⁷ Legal Advisory Commitee Report to the President's Council on Environmental Quality, at 13-17 (December 1971).

⁸ 40 C.F.R. Section 1500,8(a) (3) (i) (1975).

⁹ CEQ, Environmental Quality - 1974, at 399-400 (1974).

¹⁰ CEQ, Environmental Quality - 1975, at 653-54 (1976).

¹¹ See, e.g., 38 Fed. Reg. 34135-46 (1973) (Coast Guard); 37 Fed Reg. 19167-68 (1972) (Dept. of State); 41 Fed. Reg. 26913-26919 (1976) (Agency for International Development).

¹² See, e.g., Dept. of Transportation, Draft EIS, Darien Gap Highway (March 1976); Dept. of the Interior, Final EIS, Alaska Natural Gas Transportation System (March 1975).

¹³ In Wilderness Society v. Morton,463 G. 2d 1261 (D.C. Cir. 1972), the court granted standing to Canadian intervenors concerned with the trans-Alaska Pipeline, holding that the intervenors' interest in the significant impacts of the pipeline in Canada were within the zone protected by Section 102(2)(c). In Sierra Club v. Coleman,405 F. Supp. 53 (D.D.C. 1975), the court held, inter alia, that DOT's impact assessment on portions of the Pan-American Highway was deficient because it failed to address the environmental impacts of alternative highway corridors through Panama and Columbia. Since the significant impacts of corridor alternatives lay exlusively in Panama and Columbia, the case necessarily holds that impacts in foreign national terriroty are within the scope of Section 102(2)(C).

Of course, significant indirect as well as direct impacts must be considered. 40 C.F.R. Section 1500.8(a)(3)(ii) (1975); City of Davis v. Coleman, 521 F.2d 661, (9th Cir., 1975); see CEQ, Environmental Quality-1974, at 410-11 (1974).

¹⁴ See, e.g., Committee on Environmental Law of the Section on International and Comparative Law of the American Bar Association, Opinion on the International Scope of NEPA (July 1971); Strausberg, the National Environmental Policy Act and the Agency for International Development, 7 Int'1. Law. 46 (1972); Robinson, Extraterritorial Environmental Protection Obligations of Foreign Affairs Agencies: The Unfulfilled Mandate of NEPA, 7 Int'l. Law. Pol. 257 (1974) Note, the Extraterritorial Scope of NEPA's Environmental Impact Statement Requirement, 74 Mich. L. Rev. 349 (1975); Appelbaum, Controlling the Hazards of International Development, 5 Ecol. L.Q. 321 (1976).

¹⁵ See H.R. Rep. 92-316, 92nd Cong., 1st Sess., at 33 (1971).

¹⁶ See, e.g., Convention Concerning the Protection of the World Cultural and Natural Heritage, November 23, 1972; Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, October 12, 1940.

¹⁷ See, e.g., U.S. Navy, Final EIS, Transit Satellite (June 1972).

¹⁸ Thus, NEPA incorporates a procedure for ensuring that the execution of U.S. foreign policy and U.S. environmental policy are consistent. Of course, no agency has the authority otherwise to deviate from NEPA's requirements, on foreign policy or other grounds. Calvert Cliffs' Coordinating Comm. v. AEC, 449 F.2d 1109 (D.C. Cir. 1971).