National Environmental Policy Act

Introduction

The National Environmental Policy Act (NEPA), enacted in 1970, is a foundational environmental law that requires federal agencies to assess the environmental impacts of their proposed actions before making decisions. NEPA established the Council on Environmental Quality (CEQ) to oversee implementation.

Environmental Impact Statements

NEPA requires agencies to prepare Environmental Impact Statements (EIS) for major federal actions significantly affecting the environment. The EIS process includes scoping, analysis of alternatives, assessment of environmental consequences, and public comment.

Environmental Assessments

For actions with uncertain environmental effects, agencies prepare Environmental Assessments (EAs). If the EA finds no significant impact, the agency issues a Finding of No Significant Impact (FONSI). Otherwise, a full EIS is required.

Judicial Review

Agency compliance with NEPA is subject to judicial review. Courts review whether agencies took a hard look at environmental consequences and considered reasonable alternatives. NEPA does not require a particular outcome but mandates informed decision-making.