NEPA does not apply to programs carried out outside the United States’ border. In order to resolve this dispute, the Court takes notice of several facts. Defense witness George Burt Stevenson (NEPA compliance officer for the Office of Fissile Materials Disposition) established that the Russian plutonium would be transported along the St. Lawrence Seaway to the Port of Cornwall—within one mile of the United States’ border—and then driven by truck to Chalk River. Stevenson’s testimony also established that the United States will pay the full value of the Russian transportation to Chalk River. Furthermore, the evidence indicates that the United States exercises some degree of control over the Russian transportation in that it is the subject of a tri-lateral agree .2d 1345 (D.C.Cir.1981) (<HOLDING>); Wilderness Society v. Morton, 463 F.2d 1261
holding that nsf must comply with procedural requirements of nepa when considering incineration of food waste in antarctica because 1 the presumption against extraterritoriality does not apply because nepa is designed to regulate conduct occurring within the territory of the united states 2 the united states exercises legislative control over antarctica 3 any concerns about nepa interference with foreign policy were overstated because when foreign policy interests outweighed benefits of nepa compliance nepas requirements must yield and 4 broad language of the statute supports broad application of nepa requirements holding that birdwatchers interest in preventing adverse environmental effects from agency action fell squarely within the zone of interests of nepa recognizing validity of retroactive license that memorialized grant of oral license holding that an agency may only tier to documents subject to nepa review and citing cases holding that nepa did not apply to agency decision to grant a nuclear technology export license to phillippines because environmental impacts would be felt exclusively in phillippines nuclear fuel exportimport policies were especially incongruous with nepa and agency had no ongoing control over fuel after license was issued