NEPA and SEQRA
The National Environmental Policy Act (NEPA)
The National Environmental Policy Act (NEPA) was ratified in 1970. It is a federal law that is designed to assess the damage to the environment from various projects. This was in response to decades of neglect to the ecosystem and its effect on the general public. Under the law, any project that is initiated by the federal government must conduct some type of evaluation to determine the impact of its activities on nature. This takes place by having all federal agencies conduct Environmental Assessments and Environmental Impact Studies prior to implementation. These tools are helping to provide an objective analysis of the proposed project on the ecosystem. It is at this point, that the effects will clear by taking into account a number of perspectives (prior to beginning). What these regulations do is to create a standard that must be utilized in all projects that are concentrating on the long-term influences for the ecosystem. ("National Environmental Policy Act")
The NEPA had been continually litigated since its inception. This is because the provisions are general in scope and provide no specifics on how any kind of study should be conducted. This meant that a number of court cases supported the basic standards of having an assessment completed to include: Lee v. U.S. Air Force, Greater Yellowstone Coalition v. Flowers and Communities Against Runway Expansion v. FAA. These decisions are showing how the different studies to determine the environmental impact, are legal and must be conducted prior to the implementation of any project. (Schwartz)
However, there are also a number of court cases that are demonstrating that more specific guidance must be utilized when following the regulations. The most notable include: Klamath-Siskiyou Wildlands Center v. Bureau of Land Management, Lands Council v. Powell, Cape Hatteras Access Preservation Alliance v. United States Department of the Interior, Wilderness Watch & Public Employees for Environmental Responsibility v. Mainella...
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