Please use this identifier to cite or link to this item: http://hdl.handle.net/10524/47077

Blue Ocean Preservation Society v. Watkins : the national environmental policy act and it's threshold issues

Item Summary

dc.contributor.author Adaniya, Deni
dc.date.accessioned 2014-11-17T23:14:07Z
dc.date.accessioned 2014-11-17T23:33:06Z
dc.date.available 2014-11-17T23:14:07Z
dc.date.available 2014-11-17T23:33:06Z
dc.date.issued 1992
dc.identifier.citation Adaniya D. 1992. Blue Ocean Preservation Society v. Watkins: the National Environmental Policy Act and Its Threshold Issues.
dc.identifier.uri http://hdl.handle.net/10524/47077
dc.description.abstract This paper will examine the national charter for environmental protection, the National Environmental Policy Act (NEPA) and its specific mandates relating to what triggers the key requirement of NEPA, the environmental impact statement (EIS). In Blue Ocean Preservation Society v. Watkins2 (herein "Blue Ocean I ") and the subsequent case, Blue Ocean Preservation Society v. Watkins3 (herein "Blue Ocean II "), issues were raised regarding threshold questions. Threshold questions imbedded within legislative wording such as "major federal action" and "significantly affecting the quality of the human environment" are reviewed within the context of the Hawaii Geothermal Project and the two cases that were heard in U.S. District Court, Blue Ocean I and Blue Ocean II. What precisely constitutes a major federal action and how do the courts define a significant impact on the quality of the human environment? Other more procedural issues that are examined within the scope of this paper are those dealing with multi-phase on-going projects. More precisely, when are agencies compelled to produce an EIS at every phase of a multistage project? How is it determined whether they are distinct acts or whether they are interconnected parts of a larger whole? These questions give rise to "ripeness" claims: if the phases are found to be separate, unrelated acts, then at what point is the act sufficiently tangible to trigger an impact statement?
dc.format.extent 38 pages
dc.language.iso en-US
dc.publisher University of Pennsylvania
dc.subject Hawaii Geothermal Project
dc.subject public policy
dc.subject environmental
dc.subject NEPA
dc.subject Blue Ocean Preservation Society
dc.subject Puna
dc.subject Big Island
dc.subject Hawaii
dc.subject Kilauea
dc.subject.lcsh Geothermal resources--Environmental aspects--Hawaii--Hawaii Island
dc.subject.lcsh Geothermal resources--Environmental aspects
dc.subject.lcsh Environmental policy--Hawaii--Puna Region
dc.subject.lcsh Geothermal engineering--Environmental aspect
dc.title Blue Ocean Preservation Society v. Watkins : the national environmental policy act and it's threshold issues
dc.type Report
dc.type.dcmi Text
Appears in Collections: The Geothermal Collection


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