What US National Environmental Policy Act (NEPA, 42 USC ch 55): Environmental Impact Statements for Major Federal Actions requires
The National Environmental Policy Act of 1969 (NEPA), codified at 42 U.S.C. Chapter 55 (sections 4321-4347), is the foundational US environmental statute establishing a national environmental policy and a procedural duty for federal agencies to assess the environmental effects of their proposed actions before deciding to act; it is overseen by the Council on Environmental Quality (CEQ). Section 4321 declares the purposes of the Act. Section 4331 declares the national environmental policy, directing that the federal government use all practicable means to create and maintain conditions under which man and nature can exist in productive harmony. Section 4332 contains the operative procedural mandate: it directs that, to the fullest extent possible, the policies, regulations and laws of the United States be interpreted and administered in accordance with the Act, and at section 4332(2)(C) requires all agencies of the federal government to include, in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided, alternatives to the proposed action, the relationship between local short-term uses and long-term productivity, and any irreversible and irretrievable commitments of resources. Agencies implement this through the levels of review developed under the CEQ regulations: a categorical exclusion for actions without significant effects, an environmental assessment leading to a finding of no significant impact, or a full environmental impact statement (EIS) for actions with significant effects. Section 4342 establishes the Council on Environmental Quality and section 4344 sets out its duties. NEPA is procedural and imposes no civil or criminal penalties; it is enforced through judicial review under the Administrative Procedure Act, where a court may set aside or enjoin agency action taken without the required environmental review.
Pillar: Water & Environmental Resources · Authority: US Congress / Council on Environmental Quality (CEQ) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap55.htm
SHA-256 integrity: 810e7702610acaa61c105cfb71815bc2d98b1af557f66aa7db3c7ed27e3c272e
Primary Citations — 8 traced to source
- National Environmental Policy Act, 42 U.S.C. 4321 - congressional declaration of purpose.
- National Environmental Policy Act, 42 U.S.C. 4331 - declaration of national environmental policy.
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