The EPA wants to develop a program in which it will auction off pollution rights for generators of toxic wastes. Prevent Auctions Now (PAN), an activist group, wants to prevent the EPA from proceeding until an Environmental Impact Statement (EIS), detailing the possible effects that this new program will have on the human environment, is completed. The EPA refuses to develop an EIS and PAN sues. What is the likely result in court?

NEPA places certain requirements on federal agencies to mitigate the adverse environmental effects of a proposed project identified in the EIS. What are these requirements?