National Environmental Policy Act
Overview
The National Environmental Policy Act (NEPA) is a U.S. federal law that was enacted on January 1, 1970. It is one of the first laws ever written that establishes the broad national framework for protecting our environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment.
History
NEPA was signed into law by President Richard Nixon on January 1, 1970. The Act came in response to growing public concern about the impact of human activity on the environment, and the apparent disregard of environmental considerations during the decision-making process on projects involving federal funding. The law was created to ensure that environmental factors were given appropriate consideration, just as economic and technical factors are.
Purpose and Policy
The purpose of NEPA is two-fold. Firstly, it obligates federal agencies to consider every significant aspect of the environmental impact of a proposed action. Secondly, it ensures that the public is informed of and can contribute to the decision-making process. The Act establishes policy, sets goals (section 101), and provides means (section 102) for carrying out the policy. Section 102(2) of the Act, is the action-forcing section, mandating that federal agencies comply with the procedural provisions of NEPA.
Implementation
The implementation of NEPA is overseen by the Council on Environmental Quality (CEQ), which issues regulations and guidance to federal agencies regarding NEPA compliance. The CEQ's regulations are codified at 40 C.F.R. Parts 1500-1508. These regulations set forth the criteria for determining whether an action is significant enough to warrant the preparation of an Environmental Impact Statement (EIS), which is the most rigorous level of NEPA analysis.
Environmental Impact Statement
An Environmental Impact Statement (EIS) is a document prepared to describe the effects for proposed activities on the environment. "Environment," in this case, is defined as the natural and physical environment and the relationship of people with that environment. When an agency proposes a major federal action significantly affecting the quality of the human environment, NEPA requires the agency to prepare an EIS.
Environmental Assessment
An Environmental Assessment (EA) is a concise public document that serves to provide sufficient evidence and analysis for determining whether to prepare an EIS or a finding of no significant impact. If an agency is unsure whether a proposed action would significantly affect the environment, it can prepare an EA to evaluate the potential impacts. An EA may be prepared for many reasons and serves to aid in an agency's compliance with NEPA when no EIS is necessary.
Criticisms and Controversies
While NEPA has been a powerful tool in environmental protection, it has also been the subject of criticism and controversy. Critics argue that the Act has not been effective in improving the environment, that it is used primarily to delay or stop projects rather than to promote environmentally sound decisions, and that it adds unnecessary bureaucratic red tape to the federal project development process.
Amendments and Updates
Over the years, NEPA has been amended and updated to reflect changes in environmental knowledge and attitudes. The most significant of these changes came in 1975, when the CEQ issued regulations implementing the procedural provisions of NEPA. These regulations have been updated periodically to reflect legal decisions and changes in environmental policy.
Impact and Legacy
Despite criticisms, NEPA has had a profound impact on federal decision-making in the United States. The Act has been called the "Magna Carta" of federal environmental law, and it has served as a model for similar laws in states and cities across the country, as well as in other countries.