What is NEPA?

Okay, so what exactly is NEPA? Other than a very catchy acronym, NEPA is the National Environmental Policy Act. It was the first major environmental law in the United States which is why I wanted to write about it. However, that still does not answer the question of what exactly NEPA is. In simplest terms, it is a piece of legislation created to protect our environment.  It requires federal governmental agencies to evaluate the environmental effects of proposed actions before taking them. It also created the Council on Environmental Quality (CEQ) which is responsible for overseeing the implementation of NEPA. Basically, the CEQ makes sure that federal agencies comply with the specific requirements of NEPA. 

So, now that we know a little about what it is and who it applies to, let’s backtrack to when and why it came to be. NEPA was signed into law in 1970 by President Nixon. It was the result of several environmental disasters, including an oil spill off of the coast of Santa Barbara, California, and public concern and outrage over the environment as a result of increased industrialization, growth and pollution. It was also the result of something called the “highway revolts”. These were a bunch of protests in several cities due to the building of the Interstate Highway System, which destroyed many communities and ecosystems.  So, Congress went to work and created our first major environmental protection law, and it was named the National Environmental Policy Act.  

NEPA is pretty long and has a bunch of different sections relating to its purpose, requirements and the actual logistics of the environmental impact statement, which I will talk about later on. It is pretty detailed regarding the level of review that is required to comply and all of the analysis that is required. But, like our other constitution it too starts with a preamble of sorts like our Bill of Rights. A bill of rights for our environment.  It starts with the following description of NEPA:  

“To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.”

A law that encourages harmony between man and the environment whose goal is to prevent and eliminate damage to the environment sounds good to me. My first impression of this bill is pretty positive. So, let’s move on. We have covered all of the who, where, what, when and why questions, but there is a lot more to explain about this law. It protects the environment but how. What are the specifics of the law?  Since I am not a legal professional, I will just give you my understanding of this law to the best of my ability. Here goes.  

NEPA provides specific rules that must be followed before a federal agency can take certain actions. First, the agency must determine whether the action is covered by NEPA.  Then, if it is, they must determine whether there is a categorical exclusion that applies to the action. An agency can put together a list of actions that they have determined do not affect the quality of the environment, either individually or cumulatively. These are called categorical exclusions. In order to be deemed excluded, the agency must make sure that no extraordinary circumstances will cause the proposed action to affect the environment.  For example, if the action would have an effect on an endangered species or a protected site or wetland. An exemption also applies if another environmental law must be complied with and includes an analysis similar to the one required by NEPA. The CEQ has also created a list of categorical exclusions. This was done to help reduce the time frame for action approval. By the way, this also reduces the amount of paperwork, which as we all know by now, is also good for the environment. See how many ways this legislation helps.  

If the action does not fall into an exception, the agency must prepare an environmental assessment (EA) and possibly an environmental impact statement (EIS). The first step is the environmental assessment. The agency must either make a determination of no significant impact (which means that the action will not have a significant impact on the environment) or prepare an EIS, which is a much more detailed, thorough analysis and includes a required public comment time frame. In analyzing the significance of the action, agencies are required to consider the geographic area, such as proximity to unique or sensitive resources and communities with environmental justice concerns. NEPA requires federal agencies to include minority and low-income populations in their environmental assessments.  Fostering environmental justice. Impressive especially as this law is almost 54 years old!

My other favorite thing about this legislation, besides the obvious fact that it is protecting our environment of course, is its stated purpose. I am going to post it below because I think it will give you the best understanding of exactly what NEPA is and what it is looking to do. Here is what it says: 

“to establish the national environmental policy of the Federal Government to use all practicable means and measures to foster and promote the general welfare, create and maintain conditions under which humans and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.  NEPA establishes the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to:

(i) Help each generation serve as a trustee of the environment for succeeding generations;

(ii) Assure for all people safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(v) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vi) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

This is what every person, business and company should be trying to do, and this is exactly what I am trying to do! I want to help future generations learn and become advocates for our environment so that one day (hopefully in the near future!) we all live clean and green!