Legal Definitions - National Environmental Policy Act

The National Environmental Policy Act (NEPA) is a landmark United States federal law enacted in 1969. It serves as the foundational statute for environmental protection in the U.S. Its primary purpose is to ensure that federal agencies consider the environmental impacts of their proposed actions before making decisions.

Specifically, NEPA requires federal agencies to evaluate and publicly disclose the potential environmental effects of major federal actions, such as projects, programs, or policies, that could significantly affect the quality of the human environment. This evaluation process often culminates in an Environmental Impact Statement (EIS), a detailed report that identifies potential environmental harms, explores alternatives to the proposed action, and suggests ways to mitigate negative impacts. The goal is to foster informed decision-making by integrating environmental considerations early in the planning process and to provide opportunities for public input.

Here are some examples of how the National Environmental Policy Act applies:

• Construction of a New Federal Highway: Imagine the U.S. Department of Transportation proposes to fund and oversee the construction of a new multi-lane interstate highway through a rural area. Before any ground can be broken, NEPA requires the agency to conduct a thorough environmental review. This would involve assessing potential impacts on local ecosystems, wetlands, air quality, noise levels, and community resources. The resulting Environmental Impact Statement would detail these findings, consider alternative routes or transportation methods, and outline measures to reduce harm, such as building wildlife crossings or noise barriers. This ensures environmental factors are weighed before the project proceeds.

• Management Plan for a National Forest: The U.S. Forest Service, a federal agency, develops a new long-term plan for managing a large national forest, which might include proposals for increased timber harvesting, new recreational trails, or specific wildlife conservation efforts. Under NEPA, the Forest Service must analyze the environmental consequences of this plan. This assessment would examine how the proposed activities might affect biodiversity, water quality in nearby streams, soil erosion, and the overall health of the forest ecosystem. The public would also have an opportunity to review and comment on these environmental considerations before the management plan is finalized.

• Permitting for a Large-Scale Energy Project: A private company seeks a federal permit from the Department of Energy or the Federal Energy Regulatory Commission to build a large-scale renewable energy facility, such as a massive wind farm or a solar power plant, on federal land. Because a federal agency is involved in the permitting process, NEPA mandates an environmental review. This review would assess the project's potential impacts on migratory bird patterns, local wildlife habitats, visual aesthetics, and land use. The agency would then use this information to decide whether to issue the permit, potentially requiring modifications to the project to minimize environmental harm.