Environmental Defense Fund Inc v. Massey and Another

Abstract

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Presumption against extraterritorial effect — Whether presumption to be strictly applied — Legislation regulating conduct to be performed within United States — Conduct causing effect outside United States — Environmental legislation requiring federal agencies to prepare environmental impact statement prior to sanctioning actions affecting the environment — Whether requiring federal agency to prepare impact statement prior to incinerating food waste in Antarctica — Whether presumption to be applied to legislation where United States exercising legislative but not sovereign control over territory — Allegation that requirement to prepare impact statement interfering with United States participation in international co-operation programme to improve environment in Antarctica

Environment — Antarctica — Incineration of food waste — Effect on environment — Federal agency of United States failing to prepare environmental impact statement prior to authorizing incineration in Antarctica — Whether United States environmental legislation requiring preparation of impact statement applicable to Antarctica — National Environmental Policy Act — Whether provisions conflicting with Protocol to the Antarctic Treaty

Territory — Antarctica — Sovereignty — Designation as “global common” — Whether United States having legislative control over Antarctica — Antarctic Treaty, 1959 — The law of the United States