National Environmental Policy Act
The National Environmental Policy Act (NEPA) is a United States environmental law designed to promote the enhancement of the environment. It created new laws requiring U.S. federal government agencies to evaluate the environmental impacts of their actions and decisions, and it established the President's Council on Environmental Quality (CEQ). The Act was passed by the U.S. Congress in December 1969 and signed into law by President Richard Nixon on January 1, 1970.[2] To date, more than 100 nations around the world have enacted national environmental policies modeled after NEPA.[3]
"NEPA" and "FONSI" redirect here. For other uses, see NEPA (disambiguation) and Fonsi (disambiguation).Long title
National Environmental Policy Act of 1969
NEPA
January 1, 1970
NEPA requires Federal agencies to evaluate the environmental effects of their actions.[4]: 2–3 NEPA's most significant outcome was the requirement that all executive Federal agencies prepare environmental assessments (EAs) and environmental impact statements (EISs). These reports state the potential environmental effects of proposed Federal agency actions.[5] Further, U.S. Congress recognizes that each person has a responsibility to preserve and enhance the environment as trustees for succeeding generations.[6] NEPA's procedural requirements do not apply to the President, Congress, or the Federal courts since they are not a "Federal agency" by definition.[5][7] However, a Federal agency taking action under authority ordered by the President may be a final agency action subject to NEPA's procedural requirements.[4]: 117–118
Consequences for Violating the National Environmental Policy Act[edit]
Agencies that violate NEPA may suffer harms to their reputations that can jeopardize future funding opportunities. Because the CEQ does not have enforcement authority for their guidelines, alleged violations must generally go through the judicial system. These lawsuits can further harm the agencies by demanding money and resources from the federal government, and delay projects for years.[39] Several large projects have been shut down or cancelled as a result of such delays, like the planned Keystone XL Pipeline. The expansion was abandoned by TC Energy in 2021 after delays including the rejection of its review under NEPA, in the case Indigenous Environmental Network v. U.S. Department of State.[40] The most common consequence imposed by courts for violations of NEPA is a mandated repeat of whichever environmental review or report was found to have been insufficient.
National Environmental Policy Act and environmental justice[edit]
The National Environmental Policy Act promotes environmental justice by requiring federal agencies to include minority and low-income populations in their NEPA-mandated environmental analyses.[41] Executive Order #12898 requires federal agencies that are complying with NEPA to consider environmental effects on human health, and economic and social effects, specifically within minority and low-income populations, which are disproportionately impacted by environmental detriment.[42][43] Proposed federal actions must address "significant and adverse environmental effects" on minority and low-income populations.[42]
The Environmental Justice Interagency Working Group published the Promising Practice Report, which documents common methodologies used presented in NEPA to include environmental justice.[44]
