National Environmental Policy Act (NEPA)

📌 Link to the Text of the Act

Read the statute (42 U.S.C. § 4321 et seq.)

📌 Why It Was Done

NEPA was enacted to ensure that federal agencies consider the environmental impacts of their actions and decisions. It established a national environmental policy and created mechanisms for accountability.

📌 Pre-existing Law or Constitutional Rights

Before NEPA, environmental protections were scattered across various statutes without a unified review process. NEPA created the requirement for Environmental Assessments (EAs) and Environmental Impact Statements (EISs).

📌 Overreach or Proper Role?

Supporters see NEPA as essential for environmental stewardship and transparency. Critics argue it can delay projects, impose costly studies, and be used to block development.

📌 Who or What It Controls

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  Federal agencies (must evaluate environmental impacts of major actions)
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  State and local governments (often involved in federal projects)
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  Businesses and contractors (must comply when working on federally funded or permitted projects)

📌 Key Sections / Citations

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  42 U.S.C. § 4332: Requirement for Environmental Impact Statements (EIS)
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  42 U.S.C. § 4331: Congressional declaration of national environmental policy
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  42 U.S.C. § 4342: Establishes the Council on Environmental Quality (CEQ)

📌 Recent Changes or Live Controversies

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  Trump administration (2020): Rolled back certain NEPA review requirements
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  Biden administration (2022–2023): Restored and expanded review standards
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  Ongoing debates about balancing infrastructure, energy projects, and environmental review timelines

📌 Official Sources

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  U.S. Code – Title 42, Chapter 55
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  Council on Environmental Quality (CEQ)
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  EPA – NEPA Overview