Appendix 34: Model NEPA Complaint

AuthorNicholas C. Yost
Model NEPA Complaint Page 581
Model NEPA Complaint1
(for failure to prepare environmental impact statement)
Civil Action No.
____________________ ) AND INJU NCTIVE RELIE F
____________________ )
[e introductory para graph should describe the nature of the action.]
is action arise s under the National Environmental Policy Act of 1969, as amended (“NEPA”), 42 U.S.C. §44321
et seq., and its implementing regulat ions, adopted by the Council on Environmenta l Quality (“CEQ”) and appli-
cable to all agencies “CEQ N EPA Regulations”), 40 C.F.R. Parts 1500-1508. [Here you may cite any applicable
agency NEPA procedures. A lso cite the legal authority for the action alleged to b e subject to NEPA.] Judicial
review is sought pursu ant to §10 of the Administrative Procedure A ct (“APA”), 5 U.S.C. §§701-706, authorizing
judicial review of a ll agency actions. is Court ha s jurisdiction over thi s action pursuant to 28 U.S.C. §§1311 and
1361, and may grant declaratory judgment and fur ther relief pursuant to 28 U.S.C. §§2201 and 2202.
Plainti __ ____ _____ _____ __ is a non-prot, public benet membership corporation organized under t he laws
of the State of ___ ____ _____ _____ __. Its principal oce is located at __ ____ _____ _____ _____ _____ _
___ _____ _. Its other oces are located in __ _____ _____ ____ _____. [Pla inti’s] members are scientists and
other citizens of the United States. [ Plainti ] has a nationwide membership in excess of _ _____ ____ persons,
including some __ _____ _____ __ members in the State of __ _____ _____ _____ _____ _____ , many of whom
use [the aected area —here a water body] for swimming, shing, b oating, birdwatching, and scientic stud ies, and
whose uses of [the water body] will be d amaged and impaired by [the action alleged to c ause signicant environ-
mental impact]. [Plainti ] exists to promote research and act ion, and to take action itsel f, to protect and enhance
the environment, including the preser vation of estuaries, rivers, wetla nds, and sh and wildlife resource s. rough
participation in numerous legi slative, administrative, and judicia l proceedings, [plainti ] has demonstrated its
strong interest in the eec tive conservation of the nation’s estuarine and coasta l resources and the proper adminis-
tration of laws designed to protect the se resources.
[Follow with an appropriate para graph for each plainti.]
Members of each of the Plainti org anizations (hereinafter referred to c ollectively as “members” live in the vici nity
of [the water body] (hereinafter sometimes re ferred to as the “aected waters”). Plaintis’ members use a nd enjoy
the resources in a nd around [the aected waters] for [food, sport shing, wildlife viewing a nd education, photogra-
phy, scientic study, recreation, boating, swimmi ng, other beach and water-related activities, and genera l aesthetic
and spiritual enjoyment]. Plaintis and t heir members will be adversely aected a nd injured by Defendants’ actions
in issuing a permit for [the action a lleged to cause signicant environmenta l impact], as set forth more ful ly below.
Plaintis’ representative s and members have taken part in admin istrative proceedings concerning [the act ion
alleged to cas e signicant environment impact] in the aected a rea, including testifying at t he public hearings held
by [the agency]. Plainti ’s interests in this action fa ll squarely within the zone of interests protected by the law s
sought to be enforced in thi s action.
1. Compliant drafted by Nicholas C. Yost. Ed.
Model Complaint

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