National Environmental Policy Act NEPA

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National Environmental Policy Act (NEPA)

• Environment and Society
• ENR 2000

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History

• 42 U.S.C.A. 4321 et seq.
• signed into law on the first day of 1970
• during an Era of public interest legislation
• has survived without significant amendment

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Sec. 2 42 USC 4321.

• The purposes of this Act are
• To declare a national policy which will encourage
  productive and enjoyable harmony between man and
  his environment
• to promote efforts which will prevent or
  eliminate damage to the environment and biosphere
  and stimulate the health and welfare of man
• to enrich the understanding of the ecological
  systems and natural resources important to the
  Nation and
• to establish a Council on Environmental Quality.

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Sec. 102 42 USC 4332.

• The Congress authorizes and directs that . . .
  (2) all agencies of the Federal Government shall
  
• (C) include in every recommendation or report on
  proposals for legislation and other major Federal
  actions significantly affecting the quality of
  the human environment, a detailed statement by
  the responsible official on
• (i) the environmental impact of the proposed
  action,
• (ii) any adverse environmental effects which
  cannot be avoided should the proposal be
  implemented,
• (iii) alternatives to the proposed action,
• (iv) the relationship between local short-term
  uses of man's environment and the maintenance and
  enhancement of long-term productivity, and
• (v) any irreversible and irretrievable
  commitments of resources which would be involved
  in the proposed action should it be implemented.

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NEPA

• Every major federal action
• Significantly affecting the quality of the human
  environment
• Take a hard look at impacts
• Provide an analysis (EIS)
• Come up with alternatives

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What Does the EIS Provide?

• Purpose of and need for action
• Alternatives including proposed action
• Affected environment
• Environmental consequences

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Purpose and Need

• The statement shall briefly specify the
  underlying purpose and need to which the agency
  is responding in proposing the alternatives
  including the proposed action.
• 40 C.F.R 1502.13

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Alternatives

• it should present the environmental impacts of
  the proposal and the alternatives in comparative
  form, thus sharply defining the issues and
  providing a clear basis for choice among options
  by the decisionmaker and the public.
• Includes no action alternative
• 40 C.F.R 1502.14

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Affected Environment

• succinctly describe the environment of the
  area(s) to be affected or created by the
  alternatives under consideration.
• data and analyses in a statement shall be
  commensurate with the importance of the impact,
  with less important material summarized,
  consolidated, or simply referenced.
• 40 C.F.R 1502.15

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Environmental Consequences

• Direct effects and their significance
• Indirect effects and their significance
• environmental effects of alternatives including
  the proposed action

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Environmental Consequence, cont

• Energy requirements and conservation potential of
  various alternatives and mitigation measures
• Natural or depletable resource requirements and
  conservation potential of various alternatives
  and mitigation measures
• Urban quality, historic and cultural resources,
  and the design of the built environment,
  including the reuse and conservation potential of
  various alternatives and mitigation measures.
• Means to mitigate adverse environmental impacts
• 43 C.F.R 1502.16