Weinberger v. Catholic Action of Hawaii/Peace Education Project

The Court of Appeals for the Ninth Circuit held that § 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 83 Stat. 853, 42 U. S. C. §4332(2)(C), requires the Navy to prepare and release to the public a “Hypothetical Environmental Impact Statement” with regard to the opera*141tion of a facility capable of storing nuclear weapons. Catholic Action of Hawaii/Peace Education Project v. Brown, 643 F. 2d 569, 572 (1980). Because we conclude that the “Hypothetical Environmental Impact Statement” is a creature of judicial cloth, not legislative cloth, and that it is not mandated by any of…