In National Parks, the Ninth Circuit found that the Bureau of Land Management (“ BLM”) violated NEPA by adopting the purposes of a private developer. In this case, however, the Lead Agencies conducted a comprehensive preliminary analysis that fairly evaluated and rejected alternatives that did not meet the project’s purpose and need.However, these cases are clearly distinguishable.
Simmons the Seventh Circuit found that the federal agency defined an impermissibly narrow purpose for its project because no preliminary analysis addressed alternative water sources and the agency made its selection without identifying the other water sources in its EIS. It was explained that for Locke what is morally right and wrong presuppose the existence of a law (the divine law ) and that law is the command of a rightfully superior will (God). Respect for the dignity of equal and independent moral agents motivates an individualist stance.43 Another important point about the obligation to God is what Simmons call ‘the dilemma of voluntarism’. The sacredness of individual persons follows for Locke from their being special beings made by God in His image. Any arbitrary power to take the lives or property of another cannot be transferred to any person or legislative body. That is why he says they are not made for another’s uses. Why? Because human beings are all God’s property and, in that sense, they are equal. There are three important remarks that need to be highlighted here: First, it follows from God’s right of creation and his special authority over men that all persons are bound by natural law to preserve both themselves and others and forbidden to harm themselves and others. Men are his property and this establishes the uniqueness of our obligations to God. According to him, God has a special authority over man because he is the creator of men. His solution, however, leads one to ask whether Locke embraces a sanction theory of obligation with regard to God’s law. This is the major difference of Locke’s conception of morality from both Machiavelli and Hobbes. And if they do not coincide, this poses a problem for Locke one that he solves by claiming that divine law is the only source of moral authority. Locke accepts that these different sources may often coincide in their claims, but they do not always do so. The other laws, even though they are backed by very real sanctions obligate us only insofar as God’s law allows it. These may seem as three different sources of moral authority, but Locke makes it clear that the source of moral authority is divine law and it determines moral obligations. Actually in Locke’s writings one comes across three different kinds of law: divine law (with God’s sanctions), civil law (with legal sanctions), and the law of opinion (with social sanctions). The answer to the question ‘what is the source of moral authority’ is self- evident in the demonstration above: the source of moral authority is God and his divine law. 22-23 Fuller, Stecker, Wright, ibid., p.11 the laws to motivate us to obey them- by attaching rewards for obedience and penalties for disobedience.
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