National Environmental Policy Act (NEPA)
National Environmental Policy Act (NEPA, 1969)
1) Link to the Text of the Act
Read the statute (42 U.S.C. § 4321 et seq.)
2) Why It Was Done
NEPA was enacted to ensure that federal agencies consider the environmental impacts of their actions and decisions. It established a national environmental policy and created mechanisms for accountability.
3) Pre-existing Law or Constitutional Rights
Before NEPA, environmental protections were scattered across various statutes without a unified review process. NEPA created the requirement for Environmental Assessments (EAs) and Environmental Impact Statements (EISs).
4) Overreach or Proper Role?
Supporters see NEPA as essential for environmental stewardship and transparency. Critics argue it can delay projects, impose costly studies, and be used to block development.
5) Who or What It Controls
- Federal agencies (must evaluate environmental impacts of major actions)
- State and local governments (often involved in federal projects)
- Businesses and contractors (must comply when working on federally funded or permitted projects)
6) Key Sections / Citations
- 42 U.S.C. § 4332: Requirement for Environmental Impact Statements (EIS)
- 42 U.S.C. § 4331: Congressional declaration of national environmental policy
- 42 U.S.C. § 4342: Establishes the Council on Environmental Quality (CEQ)
7) Recent Changes or Live Controversies
- Trump administration (2020): Rolled back certain NEPA review requirements
- Biden administration (2022–2023): Restored and expanded review standards
- Ongoing debates about balancing infrastructure, energy projects, and environmental review timelines
8) Official Sources