Natural Resources Defense Council, Inc. v. Sterling Munro, in His Official Capacity as Administrator of the Bonneville Power Administration

This is an action by six environmental groups for declaratory and injunctive relief under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-47 . Plaintiffs claimed below that the Bonneville Power Administration (BPA) could not take any action with respect to “Phase 2" of the Hydro-Thermal Power Program until it had filed an environmental impact statement (EIS). The program was a long range cooperative plan formulated by BPA and others to meet the forecasted energy needs of the Pacific Northwest. The district court held that an EIS was required and issued an injunction prohibiting the administrator of the BPA and the Secretary of the Interior from taking any action to implement Phase 2 or “equivalent or substitute arrangements or programs subsequent to Phase 1” until it had filed an appropriate EIS. The EIS is now being prepared.

The facts are reported in the district court’s thorough opinion, 435 F.Supp. 590 (D.Or.1977). The major issue raised on appeal is whether Phase 2 requires an EIS. The identical issue, however, was decided in Port of Astoria v. Hodel, 595 F.2d 467 (9th Cir. 1979), where we held that an EIS was required. Appellants concede that Port of Astoria…