This Comment argues that the D.C. Circuit in Public Citizen II erred in finding that there was no “final agency action”. Part I of this Comment explores the statutory requirements of NEPA and the APA as well as the law of the various justiciability doctrines. Part I also examines the impact of NAFTA and the Uruguay Round of GATT on the litigation. Part II details the historical background, procedural posture, facts and findings in the Public Citizen cases. Part III argues that the D.C. Circuit interpreted final agency action in Public Citizen II too narrowly. Finally, this Comment concludes that the issues raised in Public Citizen II are justiciable and that any exemption from NEPA's EIS requirement favoring the OTR should be expressed by Congress.
Paul N. Sheridan,
The Injustice of Environmental Justiciability: Public Citizen v. Office of the United States Trade Representative,
17 Fordham Int'l L.J. 1115
Available at: http://ir.lawnet.fordham.edu/ilj/vol17/iss4/7