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The Evolution of Environmental Policy: NEPA and Its Impact on Federal Actions

The National Environmental Policy Act (NEPA), enacted in 1970, marked a pivotal shift in how the U.S. government approaches environmental protection. Sparked by rising pollution concerns in the 1960s, including the infamous Cuyahoga River fire and the influential works of Rachel Carson, NEPA mandated the assessment of environmental effects for federal actions. The EIS process introduced by NEPA requires comprehensive evaluations of social, economic, and ecological impacts, creating a framework that promotes informed decision-making. However, challenges such as weak quantitative analysis and costly procedures continue to raise questions about its effectiveness.

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The Evolution of Environmental Policy: NEPA and Its Impact on Federal Actions

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  1. Historical Background to NEPA • Early 60’s – Congress starts to consider growing pollution problem • Cuyahoga River • Rachel Carson • Earth Day • Richard Nixon - Caught fire! “Burn on Cuyahoga” – R. Newman - wrote Silent Spring - Environment became “cool” - Passed most environmental legislation of any president (politically expedient)

  2. National Environmental Policy Act(NEPA) - 1970 • Mandates prediction of environmental effects of Federal actions • Defines Federal actions as those involving an expenditure of Federal money or requiring Federal oversight and approval • Places authority for NEPA regulation with the Council on Environmental Quality

  3. Picture of something in landscape that can be a Federal project

  4. The EIS ProcessNEPA Regulations - 1976 • Agency announces Intent to Act • Scoping • [Environmental Assessment (EA)] • Draft Env. Impact Statement (DEIS) • Public comment and public hearings • Final EIS issued

  5. Impacts Evaluated in EA • Social – political, cultural • Economic – cost/benefit • Environmental • Landscape • Biota Note: if the EA suggests there is no clear evidence that significant environmental impacts are likely to occur then an EIS is not usually prepared

  6. Environmental Impact Statement (EIS) • Device to force consideration of planned action on environment • Full and fair discussion of significant environmental impacts • Develop reasonable alternatives to action • Supposed to be more than just disclosure

  7. What are environmental impacts? • Short-term – construction impacts • Long-term • – permanent changes • - cumulative impacts (combined incremental effects) • Irretrievable losses – exploitation of non-renewable natural resources (eg. oil, coal mining) • Can be mitigated - restoration

  8. What is wrong with the EIS process? • Analysis – quantitatively week  2/3 of EISs contain no quantitative predictions • Paperwork – 150 page limit now reduces “BS” • Cost – 1-3% of project budget goes to EIS • Mean > $200,00, 16 months • Litigation – usually decided on process not analysis

  9. How are controls implemented without using an EIS? Permits! • NPDES permit • Air quality permit • Army Corps of Engineers wetlands permit • Etc. Note: permits ask specific questions, if answers are wrong fines are levied, even if project is underway

  10. In-stream gravel mining on Crooked Creek, Marion County, AR

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