Legal Definitions - NEPA

NEPA stands for the National Environmental Policy Act. Enacted in 1970, NEPA is a foundational United States federal law that requires federal agencies to assess the environmental impacts of their proposed actions and projects before making decisions. Its primary purpose is to ensure that environmental factors are considered alongside economic and technical factors in federal planning and decision-making processes. NEPA mandates a systematic review process, often involving environmental assessments (EAs) or more detailed environmental impact statements (EISs), to inform the public and decision-makers about the potential environmental consequences of federal actions.

Here are some examples of how NEPA applies:

• Example 1: Federal Highway Expansion
  Imagine the Federal Highway Administration (a federal agency) proposes to expand an existing interstate highway through a rural area, which would involve acquiring new land and potentially impacting wetlands and wildlife habitats. Under NEPA, the agency cannot simply proceed with construction. It must first conduct an environmental review, often an Environmental Impact Statement (EIS), to analyze the potential effects of the highway expansion on local ecosystems, air quality, noise levels, and nearby communities. This process includes public hearings and opportunities for citizens and environmental groups to provide input, ensuring that environmental considerations are thoroughly evaluated before the project is approved and construction begins.

• Example 2: New Federal Land Use Plan
  Consider the U.S. Forest Service (a federal agency) developing a new management plan for a national forest that includes proposals for increased timber harvesting and new recreational trails. Before implementing this plan, NEPA requires the Forest Service to assess its environmental consequences. This assessment would examine potential impacts on forest health, water quality in streams, wildlife populations, and the experience of other forest users. The agency would then publish its findings and solicit public comments, allowing for a transparent decision-making process that incorporates environmental concerns into the final land use plan.

• Example 3: Offshore Wind Farm Permitting
  Suppose a private energy company wants to build a large offshore wind farm in federal waters, requiring permits from the Bureau of Ocean Energy Management (BOEM), a federal agency. Because BOEM is a federal entity granting approval for a project with significant potential environmental effects, NEPA dictates that BOEM must oversee an environmental review. This review would investigate the wind farm's potential impacts on marine life (such as birds, whales, and fish), commercial fishing operations, and coastal viewsheds. The findings would inform BOEM's decision on whether to issue the necessary permits, potentially leading to specific conditions or mitigation measures to minimize adverse environmental effects.