National National Environmental Policy Environmental Policy Act of 1969Act of 1969By: Alyssa Kaiser and Celia RozanskiBy: Alyssa Kaiser and Celia Rozanski

Before the ActBefore the Act Prior to 1969, the USA had no clear environmental Prior to 1969, the USA had no clear environmental

policypolicy Rachel Carson’s Rachel Carson’s Silent SpringSilent Spring raised public raised public

awareness of environmental degradationawareness of environmental degradation Several environmental incidents prompted public Several environmental incidents prompted public

outcry and pressure for environmental legislationoutcry and pressure for environmental legislation Santa Barbara oil spill in 1969 spilled 3 million gallons of Santa Barbara oil spill in 1969 spilled 3 million gallons of

oil into the Pacificoil into the Pacific Cuyanoga River full of garbage and chemicals, eventually Cuyanoga River full of garbage and chemicals, eventually

caught firecaught fire

NEPANEPA

NEPA aims to balance the relationship NEPA aims to balance the relationship between short-term uses of man’s between short-term uses of man’s environment and the maintenance of long-environment and the maintenance of long-term productivityterm productivityNEPA ensures that environmental concerns will NEPA ensures that environmental concerns will

be held on an equal level (but not above) be held on an equal level (but not above) economic ones.economic ones.

PROVISIONS OF NEPAPROVISIONS OF NEPA Signed into Law by President Nixon January 1, 1970Signed into Law by President Nixon January 1, 1970 Declares a national environmental policy, balances Declares a national environmental policy, balances

environmental concerns and social/economic environmental concerns and social/economic concerns concerns

Establishes a procedure by which federal agencies Establishes a procedure by which federal agencies can be held publicly responsible for their can be held publicly responsible for their environmental impactenvironmental impact

Establishes a Council on Environmental Quality Establishes a Council on Environmental Quality (CEQ) meant to advise and inform the President.(CEQ) meant to advise and inform the President.

Council on Environmental Council on Environmental QualityQuality

Modeled after the Council of Economic Modeled after the Council of Economic Advisors (1946)Advisors (1946)

Composed of three members Composed of three members Appointed by President, confirmed by SenateAppointed by President, confirmed by Senate

Issues regulations concerning the EIS processIssues regulations concerning the EIS process

1. Categorical Exclusion1. Categorical Exclusion

A project may be exempted from the need for a A project may be exempted from the need for a detailed environmental analysis if it falls under a detailed environmental analysis if it falls under a category of project which a federal agency has category of project which a federal agency has previously determined has no significant previously determined has no significant environmental impactenvironmental impact

2. Environmental Assessment 2. Environmental Assessment (EA)(EA)

If a project is not categorically excluded, an EA is If a project is not categorically excluded, an EA is requiredrequired Determines whether the proposal would seriously affect Determines whether the proposal would seriously affect

the environment and discusses the impactsthe environment and discusses the impacts Discusses the need for the proposalDiscusses the need for the proposal Discusses alternatives to the proposalDiscusses alternatives to the proposal

In some cases, the EA may be skipped if a company In some cases, the EA may be skipped if a company knows that the proposal will affect the environment knows that the proposal will affect the environment enough to require an EISenough to require an EIS

3. Finding of No Significant 3. Finding of No Significant ImpactImpact

When an EA shows that a project will not When an EA shows that a project will not significantly influence the environment, a significantly influence the environment, a FONSI is issued and an EIS is unnecessary.FONSI is issued and an EIS is unnecessary.

4. Environmental Impact 4. Environmental Impact StatementStatement

When the EA shows that a project will impact the When the EA shows that a project will impact the environment, an EIS is preparedenvironment, an EIS is prepared

Much more detailed analysis of the environment Much more detailed analysis of the environment and how it will be affectedand how it will be affected

States purpose of and need for the project, as well States purpose of and need for the project, as well as alternatives to the projectas alternatives to the project

EIS’s are available for public commentEIS’s are available for public comment

5. Record of Decision5. Record of Decision

After the EIS is compiled, a ROD is issued. After the EIS is compiled, a ROD is issued. ROD explains the decision, once again describes ROD explains the decision, once again describes

alternatives that were considered, and discusses alternatives that were considered, and discusses plans to mitigate environmental degradationplans to mitigate environmental degradation

source: ceq.hss.doe.gov

NEPA is Applicable to…NEPA is Applicable to…

Any project that involvesAny project that involvesFederal fundingFederal fundingWork done by the federal governmentWork done by the federal governmentPermits issued by a federal agencyPermits issued by a federal agency

Due to the comprehensive nature of NEPA, it Due to the comprehensive nature of NEPA, it indirectly affects everyoneindirectly affects everyoneNEPA was the catalyst for other major NEPA was the catalyst for other major

environmental policy in the 1970s, such as the environmental policy in the 1970s, such as the Clean Air Act and the Clean Water ActClean Air Act and the Clean Water Act

Amendments to NEPAAmendments to NEPA There have been no major amendments to NEPAThere have been no major amendments to NEPA

Weaknesses of NEPAWeaknesses of NEPA NEPA is an ‘action-forcing’ piece of legislationNEPA is an ‘action-forcing’ piece of legislation

The act itself does not carry civil or criminal punishmentsThe act itself does not carry civil or criminal punishments CEQ has no authority to enforce its regulationsCEQ has no authority to enforce its regulations Enforcement of NEPA is left solely up to the court systemEnforcement of NEPA is left solely up to the court system Critics of NEPA say that this allows an avenue for Critics of NEPA say that this allows an avenue for

unnecessary litigation initiated by parties who do not unnecessary litigation initiated by parties who do not agree with a projectagree with a project

Weaknesses of NEPA Weaknesses of NEPA (cont’d)(cont’d)

In early years, many agencies contested In early years, many agencies contested NEPA and claimed that it did not apply to NEPA and claimed that it did not apply to themthem

This is no longer an issueThis is no longer an issue

To Conclude - To Conclude - The National Environmental Policy Act of 1969 was the The National Environmental Policy Act of 1969 was the

birth of modern environmental policy in the USbirth of modern environmental policy in the US Through the EIS process, it holds federal agencies publicly Through the EIS process, it holds federal agencies publicly

accountable for their impact on the environment and it accountable for their impact on the environment and it legitimizes environmental considerationslegitimizes environmental considerations

NEPA endeavours to strike a balance between preserving NEPA endeavours to strike a balance between preserving the environment for future generations and maintaining the environment for future generations and maintaining economic, technological, and social momentumeconomic, technological, and social momentum

Works ConsultedWorks Consulted Alm, Alvin L. “NEPA: Past, Present, and Future.” Environmental Alm, Alvin L. “NEPA: Past, Present, and Future.” Environmental

Protection Agency. N.p., Jan-Feb 1988. Web. 11 Apr. 2011. Protection Agency. N.p., Jan-Feb 1988. Web. 11 Apr. 2011. http://epa.gov/

Anderson, Mandelker, and Tarlock. Environmental Protection: Law Anderson, Mandelker, and Tarlock. Environmental Protection: Law and policy. N.p.: Little, Brown & Company, 1984. Print.and policy. N.p.: Little, Brown & Company, 1984. Print.

Caldwell, Lynton Keith. Caldwell, Lynton Keith. The National Environmental Policy Act: An The National Environmental Policy Act: An Agenda for the FutureAgenda for the Future. N.p.: Bloomington: Indiana University Press, . N.p.: Bloomington: Indiana University Press, 1998. Print.1998. Print.

Dykhius, Teri. “From Oil Spill to Environmental Law.” Fermilab Dykhius, Teri. “From Oil Spill to Environmental Law.” Fermilab Today. N.p., n.d. Web. 11 Apr. 2011 Today. N.p., n.d. Web. 11 Apr. 2011 http://fnal.gov

Dykstra, Peter. “History of Environmental Movement Full of Twists, Dykstra, Peter. “History of Environmental Movement Full of Twists, Turns.” CNN. N.p., n.d. Web. 11 Apr. 2011. Turns.” CNN. N.p., n.d. Web. 11 Apr. 2011. http://articles.cnn.com

““National Environmental Policy Act.” National Environmental Policy National Environmental Policy Act.” National Environmental Policy Avt. Department of Energy Office of Health, Safety and Security, Avt. Department of Energy Office of Health, Safety and Security, n.d. Web. 11 Apr. 2011. n.d. Web. 11 Apr. 2011. http://ceq.hss.doe.gov/..