Note:
Howard R. Marek, Inaction as Action Under Section 102(2)(C) of the National Environmental Policy Act of 1969, 58 TEXAS L. REV. 393 (1980).
 

Abstract:
Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA) has been the subject of extensive litigation in federal courts. This Note examines the meaning of “major Federal actions” to determine whether decisions by an agency not to act can constitute federal action within the meaning of the phrase. The author argues that conscious federal inaction ought to come within the scope of “major Federal actions.”