CHAPTER 1 INTRODUCTORY COMMENTS

• Jurisdiction: United States

Natural Resources Environmental Law
(Feb 1972)
CHAPTER 1
INTRODUCTORY COMMENTS
H. Stanley Dempsey, Esq.
Division Attorney Climax Molybdenum Company
Golden, Colorado

As General Chairman, it is my pleasure to welcome you to this Natural Resources Environmental Law Institute sponsored by the Rocky Mountain Mineral Law Foundation.

As you can see from the program, this Institute will focus on the National Environmental Policy Act of 1969. The Act was signed into law January 1, 1970, and during the past two years, it has become evident that the NEPA is one of the most important pieces of environmental legislation enacted to date and is having a significant impact on our society.

Several states have recently enacted statutes similar to the National Environmental Policy Act (e.g., Montana, New Mexico). The Colorado Legislature now has before it a proposed environmental policy act that would cover private as well as state actions having or likely to have an environmental impact. Although these state

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acts are obviously important, the Planning Committee felt that there would not be sufficient time at this one-day Institute to discuss state legislation; thus, today's presentations will focus on the Federal act.

The NEPA is more than a declaration of national environmental policy—it sets forth specific procedural requirements for all Federal agencies. The procedural requirements of the Act will be stressed in the papers and panel discussions presented today. These procedures, although speaking to Federal agencies, directly affect individuals and companies dealing with the Federal Government. Since all of us, at one time or another, have some contact with a Federal agency or agencies, it is important to have a fundamental understanding of what the National Environmental Policy Act says, what it requires, and how we can operate effectively under the Act.

As most of you are aware, the NEPA has been used by conservationist organizations to halt a number of large projects; for example, the Cross-Florida Barge Canal, which was nearly one-third completed; the Trans-Alaska pipeline; and very recently the Louisiana off-shore oil and gas lease sale. These examples illustrate the very real impact of NEPA and point out the need for understanding the procedural demands of the Act that must be met.

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Some of the matters that will be touched upon today will be considered in greater detail at the 18th Annual Rocky Mountain Mineral Law...