By: Alyssa Kaiser and Celia Rozanski

Before the Act Prior to 1969, the USA had no clear environmental policy Prior to 1969, the USA had no clear environmental policy Rachel Carson’s Silent Spring raised public awareness of environmental degradation Rachel Carson’s Silent Spring raised public awareness of environmental degradation Several environmental incidents prompted public outcry and pressure for environmental legislation Several environmental incidents prompted public outcry and pressure for environmental legislation Santa Barbara oil spill in 1969 spilled 3 million gallons of oil into the Pacific Santa Barbara oil spill in 1969 spilled 3 million gallons of oil into the Pacific Cuyanoga River full of garbage and chemicals, eventually caught fire Cuyanoga River full of garbage and chemicals, eventually caught fire

NEPA NEPA aims to balance the relationship between short-term uses of man’s environment and the maintenance of long- term productivity NEPA aims to balance the relationship between short-term uses of man’s environment and the maintenance of long- term productivity NEPA ensures that environmental concerns will be held on an equal level (but not above) economic ones. NEPA ensures that environmental concerns will be held on an equal level (but not above) economic ones.

PROVISIONS OF NEPA Signed into Law by President Nixon January 1, 1970 Signed into Law by President Nixon January 1, 1970 Declares a national environmental policy, balances environmental concerns and social/economic concerns Declares a national environmental policy, balances environmental concerns and social/economic concerns Establishes a procedure by which federal agencies can be held publicly responsible for their environmental impact Establishes a procedure by which federal agencies can be held publicly responsible for their environmental impact Establishes a Council on Environmental Quality (CEQ) meant to advise and inform the President. Establishes a Council on Environmental Quality (CEQ) meant to advise and inform the President.

Council on Environmental Quality Modeled after the Council of Economic Advisors (1946) Modeled after the Council of Economic Advisors (1946) Composed of three members Composed of three members Appointed by President, confirmed by Senate Appointed by President, confirmed by Senate Issues regulations concerning the EIS process Issues regulations concerning the EIS process

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

2. Environmental Assessment (EA) If a project is not categorically excluded, an EA is required If a project is not categorically excluded, an EA is required Determines whether the proposal would seriously affect the environment and discusses the impacts Determines whether the proposal would seriously affect the environment and discusses the impacts Discusses the need for the proposal Discusses the need for the proposal Discusses alternatives to the proposal Discusses alternatives to the proposal In some cases, the EA may be skipped if a company knows that the proposal will affect the environment enough to require an EIS In some cases, the EA may be skipped if a company knows that the proposal will affect the environment enough to require an EIS

3. Finding of No Significant Impact When an EA shows that a project will not significantly influence the environment, a FONSI is issued and an EIS is unnecessary. When an EA shows that a project will not significantly influence the environment, a FONSI is issued and an EIS is unnecessary.

4. Environmental Impact Statement When the EA shows that a project will impact the environment, an EIS is prepared When the EA shows that a project will impact the environment, an EIS is prepared Much more detailed analysis of the environment and how it will be affected Much more detailed analysis of the environment and how it will be affected States purpose of and need for the project, as well as alternatives to the project States purpose of and need for the project, as well as alternatives to the project EIS’s are available for public comment EIS’s are available for public comment

5. 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 alternatives that were considered, and discusses plans to mitigate environmental degradation ROD explains the decision, once again describes alternatives that were considered, and discusses plans to mitigate environmental degradation

source: ceq.hss.doe.gov

NEPA is Applicable to… Any project that involves Any project that involves Federal funding Federal funding Work done by the federal government Work done by the federal government Permits issued by a federal agency Permits issued by a federal agency Due to the comprehensive nature of NEPA, it indirectly affects everyone Due to the comprehensive nature of NEPA, it indirectly affects everyone NEPA was the catalyst for other major environmental policy in the 1970s, such as the Clean Air Act and the Clean Water Act NEPA was the catalyst for other major environmental policy in the 1970s, such as the Clean Air Act and the Clean Water Act

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

Weaknesses of NEPA NEPA is an ‘action-forcing’ piece of legislation NEPA is an ‘action-forcing’ piece of legislation The act itself does not carry civil or criminal punishments The act itself does not carry civil or criminal punishments CEQ has no authority to enforce its regulations CEQ has no authority to enforce its regulations Enforcement of NEPA is left solely up to the court system Enforcement of NEPA is left solely up to the court system Critics of NEPA say that this allows an avenue for unnecessary litigation initiated by parties who do not agree with a project Critics of NEPA say that this allows an avenue for unnecessary litigation initiated by parties who do not agree with a project

Weaknesses of NEPA (cont’d) In early years, many agencies contested NEPA and claimed that it did not apply to them In early years, many agencies contested NEPA and claimed that it did not apply to them This is no longer an issue This is no longer an issue

To Conclude - The National Environmental Policy Act of 1969 was the birth of modern environmental policy in the US The National Environmental Policy Act of 1969 was the birth of modern environmental policy in the US Through the EIS process, it holds federal agencies publicly accountable for their impact on the environment and it legitimizes environmental considerations Through the EIS process, it holds federal agencies publicly accountable for their impact on the environment and it legitimizes environmental considerations NEPA endeavours to strike a balance between preserving the environment for future generations and maintaining economic, technological, and social momentum NEPA endeavours to strike a balance between preserving the environment for future generations and maintaining economic, technological, and social momentum

Works Consulted Alm, Alvin L. “NEPA: Past, Present, and Future.” Environmental Protection Agency. N.p., Jan-Feb Web. 11 Apr Alm, Alvin L. “NEPA: Past, Present, and Future.” Environmental Protection Agency. N.p., Jan-Feb Web. 11 Apr Anderson, Mandelker, and Tarlock. Environmental Protection: Law and policy. N.p.: Little, Brown & Company, Print. Anderson, Mandelker, and Tarlock. Environmental Protection: Law and policy. N.p.: Little, Brown & Company, Print. Caldwell, Lynton Keith. The National Environmental Policy Act: An Agenda for the Future. N.p.: Bloomington: Indiana University Press, Print. Caldwell, Lynton Keith. The National Environmental Policy Act: An Agenda for the Future. N.p.: Bloomington: Indiana University Press, Print. Dykhius, Teri. “From Oil Spill to Environmental Law.” Fermilab Today. N.p., n.d. Web. 11 Apr Dykhius, Teri. “From Oil Spill to Environmental Law.” Fermilab Today. N.p., n.d. Web. 11 Apr Dykstra, Peter. “History of Environmental Movement Full of Twists, Turns.” CNN. N.p., n.d. Web. 11 Apr Dykstra, Peter. “History of Environmental Movement Full of Twists, Turns.” CNN. N.p., n.d. Web. 11 Apr “National Environmental Policy Act.” National Environmental Policy Avt. Department of Energy Office of Health, Safety and Security, n.d. Web. 11 Apr “National Environmental Policy Act.” National Environmental Policy Avt. Department of Energy Office of Health, Safety and Security, n.d. Web. 11 Apr