National Environmental Policy Act

The National Environmental Policy Act (NEPA) is a United States environmental law that promotes the enhancement of the environment and established the President's Council on Environmental Quality (CEQ). The law was enacted on January 1, 1970. To date, more than 100 nations around the world have enacted national environmental policies modeled after NEPA. Prior to NEPA, Federal agencies were mission oriented. An example of mission orientation was to select highway routes as the shortest route between two points. NEPA was necessary to require Federal agencies to evaluate the environmental effects of their actions. NEPA's most significant outcome was the requirement that all executive Federal agencies prepare environmental assessments (EAs) and environmental impact statements (EISs). These reports state the potential environmental effects of proposed Federal agency actions. Further, U.S. Congress recognizes that each person has a responsibility to preserve and enhance the environment as trustees for succeeding generations. NEPA's procedural requirements do not apply to the President, Congress, or the Federal courts since they are not a "Federal agency" by definition. However, a Federal agency taking action under authority ordered by the President may be a final agency action subject to NEPA's procedural requirements. A U.S. District Court describes the need for even the President to have the NEPA analysis information before making a decision as follows: "No agency possesses discretion whether to comply with procedural requirements such as NEPA. The relevant information provided by a NEPA analysis needs to be available to the public and the people who play a role in the decision-making process. This process includes the President." "And Congress has not delegated to the President the decision as to the route of any pipeline." History