9650 - Laserfiche WebLink

Home Browse Search

3 The Act - NEPA The National Environmental Policy Act, 2 U.S.C.§4321 et seq. The National Environmental Policy Act (NEPA) was passed by Congress in 1969 and took effect on January 1, 1970. This law is one of the first and most significant pieces of environmental legislation enacted in the United States. It has dramatically changed the way Federal agencies make decisions to meet their statutory missions and mandates. The implementing NEPA regulations, promulgated by the Council on Environmental Quality (CEQ) state "The primary purpose of an environmental impact statement is to serve as an action-forcing device to ensure that the policies and goals defined in the Act are infused into the ongoing programs and actions of the Federal Government" (40 CFR 1502.1). Since its inception, the courts, through NEPA's third-party enforceability provisions, have helped define CEQ's NEPA regulations and agency NEPA compliance procedures. NEPA is recognized internationally and has been copied for use in many countries as an innovative approach to ensure environmental considerations in the decision making process. NEPA Section 101 defines the goals of the Act, requires a balanced view of planning, and defines environmental policies for Federal agencies. Section 101 is often called NEPA's "substantive" or policy section. This Section involves the choice of the "environmentally preferred alternative" for a proposed action, that means, the alternative that best meets the policies of NEPA. NEPA Section 102 is the methodology portion of the Act that creates minimally legal procedures to be followed by Federal agencies. The mandates under this Section spell out what Congress intended Federal agencies to do before deciding on a course of action with potential environmental effects. Section 102 deals with the purpose, need, alternatives and environmental impacts of the proposed action in an environmental impact statement (EIS). Specifically, Section 102 mandates: - use of a systematic interdisciplinary approach in planning and decision making which may impact man's environment, - use of unauantified amenities and values in the analysis, and - preparation of an environmental impact statement for major Federal actions significantly affecting the quality of the human environment.