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WEINBERGER v. CATHOLIC ACTION OF HAWAII

No. 80-1377.

454 U.S. 139 (1981)

102 S.Ct. 197

70 L.Ed.2d 298

WEINBERGER, SECRETARY OF DEFENSE, ET AL. v. CATHOLIC ACTION OF HAWAII/PEACE EDUCATION PROJECT ET AL.

Supreme Court of United States.

Decided December 1, 1981

Attorney(s) appearing for the Case

Solicitor General Lee argued the cause for petitioners. With him on the briefs were former Solicitor General McCree, Assistant Attorney General Dinkins, Deputy Solicitor General Claiborne, Harlon L. Dalton, Peter R. Steenland, Jr., Raymond N. Zagone, and Martin Green.

Nancy Stearns argued the cause for respondents. With her on the brief was Robert L. Boehm.*

Ronald J. Wilson filed a brief for the National Resources Defense Council, Inc., et al. as amici curiae urging affirmance.

Doron Weinberg filed a brief for the Fellowship of Reconciliation et al. as amici curiae.

JUSTICE REHNQUIST delivered the opinion of the Court.

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 operation of a facility capable of storing nuclear weapons. Catholic Action...

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