National Environmental Policy Act

Ed Ponder - Illinois Blue Book 1967-68

National Environmental Policy Act (NEPA) is a foundational environmental law in the United States that was enacted on January 1, 1970. The act established a national policy promoting the enhancement of the environment and also created the Council on Environmental Quality (CEQ) within the Executive Office of the President. NEPA's primary aim is to ensure that environmental factors are weighted equally when compared to other factors in the decision making process for federal projects or any projects requiring federal approval.

Overview

NEPA requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. The range of actions covered includes making decisions on permit applications, adopting federal land management actions, and constructing highways and other publicly-owned facilities. Using the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions. Agencies also provide opportunities for public review and comment on those evaluations.

Key Provisions

The key provisions of NEPA include the requirement for federal agencies to prepare a detailed statement known as an Environmental Impact Statement (EIS) for all major federal actions significantly affecting the quality of the human environment. The EIS process is intended to help public officials make decisions that are based on an understanding of the environmental consequences, and take actions that protect, restore, and enhance the environment.

Environmental Impact Statement

An EIS must detail the potential environmental impacts of a proposed federal action, any adverse effects that cannot be avoided, alternatives to the proposed action, and any irreversible and irretrievable commitments of resources that would be involved in the proposed action. The process of preparing an EIS involves several steps including scoping, preparing a draft EIS, public comment, and preparing a final EIS. After the final EIS is published, a Record of Decision (ROD) is issued that states the decision, identifies the alternatives considered, and discusses mitigation plans for adverse environmental impacts.

Categorical Exclusions and Environmental Assessments

Not all federal actions require a full EIS. Some actions that have been found to have no significant impact on the environment are categorically excluded. For other projects that may or may not have a significant impact, an Environmental Assessment (EA) is prepared to determine whether an EIS is necessary.

Impact and Criticisms

NEPA has been praised for bringing environmental considerations to the forefront of federal project planning and decision-making. However, it has also been criticized for leading to delays and increased costs for project development due to the lengthy review process. Critics argue that the process can be streamlined without sacrificing environmental protections.

Amendments and Updates

Over the years, NEPA has been amended to address concerns and improve the process. The CEQ has also issued regulations and guidance to implement NEPA's procedural provisions, aiming to streamline the review process and clarify requirements.

Global Influence

NEPA has served as a model for environmental impact assessment laws in many countries around the world. Its influence can be seen in the establishment of similar environmental policies and procedures globally.