Appendix 34: Model NEPA Complaint

• Author: Nicholas C. Yost
• Pages: 581-583

Model NEPA Complaint Page 581

Model NEPA Complaint1

(for failure to prepare environmental impact statement)

Civil Action No.

Caption ) COMPLAIN T FOR DECLAR ATORY

____________________) AND INJU NCTIVE RELIE F

____________________ )

Introduction

[e introductory para graph should describe the nature of the action.]

Jurisdiction

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.

Plaintiffs

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