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68-523: The National Environmental Policy Act (NEPA) is a 1970 environmental law of the United States. NEPA may also refer to: National Environmental Policy Act NEPA requires 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

136-473: A CatEx prepared by a different agency to support a decision not to prepare an EA or EIS for a planned action; however, it may draw from another agency's experience with a comparable CatEx in seeking to substantiate a CatEx of its own. The Council on Environmental Quality (CEQ) created Categorical Exclusions to reduce paperwork (40 CFR § 1500.4(p)) and reduce delay (40 CFR § 1500.5(k)) so agencies can better concentrate on actions that do have significant effects on

204-473: A budget of $ 300 to $ 400 million (George W. Bush's budget request for Fiscal Year 2005 was for $ 341 million in support of 1,850 personnel). Some observers have noted a problem of control for the president due to the increase in staff and departments, making coordination and cooperation between the various departments of the Executive Office more difficult. The president had the power to reorganize

272-627: A case is moot when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome. See E. Borchard, Declaratory 497*497 Judgments 35-37 (2d ed. 1941). Where one of the several issues presented becomes moot, the remaining live issues supply the constitutional requirement of a case or controversy. See United Public Workers v. Mitchell, 330 U. S. 75, 86-94 (1947); 6A J. Moore, Federal Practice ¶ 57.13 (2d ed. 1966). In early NEPA cases (for example Arlington Coalition on Transportation v. Volpe , 458 F.2d 1323 (4th Cir. 1972) page 1331) courts considered projects were beyond

340-417: A categorical exclusion instead of requiring an Environmental Impact Statement. EAs are concise public documents that include the need for a proposal, a list of alternatives, and a list of agencies and persons consulted in the proposal's drafting. The purpose of an EA is to determine the significance of the proposal's environmental outcomes and to look at alternatives of achieving the agency's objectives. An EA

408-626: A federal action, and in such a case, it requires NEPA-compliant analysis performance. NEPA covers a vast array of federal agency actions, but the act does not apply to state action where there is a complete absence of federal influence or funding. Exemptions and exclusions are also present within NEPA's guidelines, including specific federal projects detailed in legislation and EPA exemptions. Exemptions also apply when compliance with other environmental laws require an impact analysis similar to that mandated by NEPA. Such laws can include but are not limited to

476-447: A federal permit is required. This legal interpretation is based on the rationale that obtaining a permit from a federal agency requires one or more federal employees (or contractors in some instances) to process and approve a permit application, inherently resulting in federal funds being expended to support the proposed action, even if no federal funds are directly allocated to finance the particular action. A U.S. District Court describes

544-464: A federal, state, or local level, that involves federal funding, work performed by the federal government, or permits issued by a federal agency. Court decisions have expanded the requirement for NEPA-related environmental studies to include actions where permits issued by a federal agency are required regardless of whether federal funds are spent to implement the action, to include actions that are entirely funded and managed by private-sector entities where

612-402: A new controlled access freeway or a highway project of four or more lanes on a new location significantly affect the environment and therefore require an Environmental Impact Statement. According to 23 C.F.R. § 771.115(b) and § 771.117(c) Class II actions such as construction of bicycle and pedestrian lanes, planning, noise barriers, and landscaping normally do not individually or cumulatively have

680-529: A significant effect on the human environment and includes the EA or a summary of the EA that supports the FONSI determination. If it is determined that a proposed federal action does not fall within a designated CatEx or does not qualify for a FONSI, then the responsible agency must prepare an EIS. The purpose of an EIS is to help public officials make informed decisions based on the relevant environmental consequences and

748-486: A significant environmental effect and therefore may be categorically exempt unless there are unusual circumstances as provided in 23 C.F.R. § 771.117(b). According to 23 C.F.R. § 771.117(c) all other actions are Class III actions requiring the preparation of an Environmental Assessment to determine the appropriate environmental document required. A Categorical Exclusion (CatEx) is a list of actions an agency has determined do not individually or cumulatively significantly affect

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816-459: Is covered under NEPA, there are three levels of analysis that a federal agency must undertake to comply with the law. These three levels include the preparation of a Categorical Exclusion (CatEx); an environmental assessment (EA); and either a Finding of No Significant Impact (FONSI), or, alternatively, the preparation and drafting of an environmental impact statement (EIS). Executive Order No. 11514 as amended by Executive Order No. 11991 directs

884-414: Is known as an EIS. NEPA is an action-forcing piece of legislation, meaning the act itself does not carry any criminal or civil sanctions, and therefore, all enforcement of NEPA must occur through the court system. In practice, a project is required to meet NEPA guidelines when a federal agency provides any portion of financing for the project. However, review of a project by a federal employee can be viewed as

952-428: Is made without the informed environmental consideration that NEPA requires, the harm that NEPA intends to prevent has been suffered. * * * the harm at stake is a harm to the environment, but the harm consists of the added risk to the environment that takes place when governmental decisionmakers make up their minds without having before them an analysis (with prior public comment) of the likely effects of their decision upon

1020-458: Is supposed to provide sufficient evidence and analysis for determining whether to prepare an EIS, aid an agency's compliance with NEPA when no EIS is necessary, and it facilitates preparing an EIS when one is necessary. Most agency procedures do not require public involvement prior to finalizing an EA document; however, agencies advise that a public comment period is considered at the draft EA stage. EAs need to be of sufficient length to ensure that

1088-469: Is the only request for relief in a NEPA complaint then logically construction cannot be stopped after completion. The 1st Circuit Court of Appeals in stopping construction of a seaport on Sears Island, Maine pointed out that harm in NEPA cases is harm to the environment as stated in Sierra Club v. Marsh , 872 F.2d 497 (1st Cir. 1989) at page 500: Thus, when a decision to which NEPA obligations attach

1156-612: The Council on Environmental Quality (CEQ) to issue "regulations to Federal agencies for the implementation of the procedural provisions of" NEPA and for Federal agencies to "comply with the regulations issued by the Council". Importantly the Supreme Court of the United States finds "that CEQ regulations are entitled to substantial deference." The Council on Environmental Quality 's NEPA regulation 40 C.F.R. § 1501.4 specifies

1224-508: The National Security Council , Homeland Security Council , Office of Management and Budget , Council of Economic Advisers , and others. The Eisenhower Executive Office Building houses most staff. The office is also referred to as a "permanent government", since many policy programs, and the people who are charged with implementing them, continue between presidential administrations. The civil servants who work in

1292-565: The U.S. Senate . The office is overseen by the White House chief of staff . Since February 8, 2023, that position has been held by Jeff Zients , who was appointed by President Joe Biden . In 1937, the Brownlow Committee , which was a presidentially commissioned panel of political science and public administration experts, recommended sweeping changes to the executive branch of the U.S. federal government , including

1360-664: The 1964 Wilderness Act and subsequent legislation (including the 1970 Clean Air Act and 1972 Clean Water Act ). The public outrage in reaction to the Santa Barbara oil spill in early 1969 occurred just as the NEPA legislation was being drafted in Congress. A fire on the Cuyahoga River was publicized in a Time magazine article shortly after the unanimous vote in the Senate. Another major driver for enacting NEPA

1428-488: The 2010 Deepwater Horizon oil spill as an example why agencies need to periodically review their Categorical Exclusions "in light of evolving or changing conditions that might present new or different environmental impacts or risks." Streamlining the NEPA process with categorical exclusions have been criticized, for example allowing BP's exploration plan that resulted in the Deepwater Horizon oil spill to use

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1496-613: The Budget, the predecessor to today's Office of Management and Budget , which was created in 1921 and originally located in the Treasury Department . It absorbed most of the functions of the National Emergency Council. Initially, the new staff system appeared more ambitious on paper than in practice; the increase in the size of the staff was quite modest at the start. However, it laid the groundwork for

1564-527: The CatEx, an EA must be prepared. Actions similar to the proposed one may have been found to be environmentally neutral in previous EAs and their implementation, and so an agency may amend their implementing regulations to include the action as a CatEx. In this case, the drafted agency procedures are published in the Federal Register and a public comment period is required. An agency cannot rely on

1632-541: The Clean Air Act, Resource Conservation and Recovery Act , Safe Drinking Water Act , and the Federal Insecticide, Fungicide, and Rodenticide Act . The NEPA process is the evaluation of the relevant environmental effects of a federal project or action mandated by NEPA. This process begins when an agency develops a proposal addressing a need to take action. If it is determined that the proposed action

1700-438: The Executive Office due to the 1949 Reorganization Act which gave the president considerable discretion, until 1983 when it was renewed due to President Reagan's administration allegedly encountering "disloyalty and obstruction". The chief of staff is the head of the Executive Office and can therefore ultimately decide what the president needs to deal with personally and what can be dealt with by other staff. Senior staff within

1768-623: The Executive Office of the President (office). The various agencies of the office are listed above. Congress as well as the president has some control over the Executive Office of the President. Some of this authority stems from its appropriation powers given by the Constitution, such as the "power of the purse", which affects the Office of Management and Budget and the funding of the rest of federal departments and agencies. Congress also has

1836-494: The Executive Office of the President are regarded as nonpartisan and politically neutral, so they are capable of providing objective and impartial advice. With the increase in technological and global advancement, the size of the White House staff has increased to include an array of policy experts responsible with managing various federal governmental functions and policy areas. As of 2015, it included approximately 1,800 positions, most of which did not require confirmation from

1904-426: The Executive Office of the President have the title Assistant to the President , second-level staff have the title Deputy Assistant to the President , and third-level staff have the title Special Assistant to the President . The core White House staff appointments, and most Executive Office officials generally, are not required to be confirmed by the U.S. Senate , although there are a handful of exceptions (e.g.,

1972-620: The Nation; and to establish a Council on Environmental Quality. NEPA contains three sections: the first section outlines national environmental policies and goals; the second establishes provisions for federal agencies to enforce such policies and goals; and the third establishes the CEQ in the Executive Office of the President . The purpose of NEPA is to ensure that environmental factors are weighted equally when compared to other factors in

2040-474: The President may be a final agency action subject to NEPA's procedural requirements. NEPA grew out of the increased public appreciation and concern for the environment that developed during the 1960s, amid increased industrialization, urban and suburban growth, and pollution across the United States. During this time, environmental interest group efforts and the growing public awareness resulting from Rachel Carson 's 1962 book Silent Spring led to support for

2108-657: The President of the United States The Executive Office of the President of the United States ( EOP ) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government . The office consists of several offices and agencies, such as the White House Office (the staff working closest with the president, including West Wing staff),

NEPA (disambiguation) - Misplaced Pages Continue

2176-431: The President the decision as to the route of any pipeline." The preamble to NEPA reads: 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

2244-639: The White House lacked statutory or budgetary authority to create new staff positions. After World War II , in particular, during the Eisenhower presidency , the staff was expanded and reorganized. Eisenhower, a former U.S. Army general, had been Supreme Allied Commander during the war and reorganized the Executive Office to suit his leadership style. As of 2009, the staff is much bigger. Estimates indicate some 3,000 to 4,000 persons serve in office staff positions with policy-making responsibilities, with

2312-414: The action will have a significant impact on the human or natural environment or if the action is considered an environmentally controversial issue. The responsible decision-maker is required to review the final EIS before reaching a final decision regarding the course of action to be taken. The decision-maker must weigh the potential environmental impacts along with other pertinent considerations in reaching

2380-406: The alternatives available. The drafting of an EIS includes public party, outside party, and other federal agency input concerning its preparation. These groups subsequently comment on the draft EIS. An EIS is required to describe the environmental impacts of the proposed action, any adverse environmental impacts that cannot be avoided should the proposal be implemented, the reasonable alternatives to

2448-598: The basis of the environmental assessment not to prepare a statement. In addition to complying with the Council on Environmental Quality 's NEPA regulations in 40 C.F.R. § 1500 through § 1508, each Federal agency is required by 40 C.F.R. § 1507.3(a) to adopt supplemental procedures for their agency's implementation of NEPA. For example, the Federal Highway Administration 's supplemental NEPA procedures are in 23 C.F.R. §771.101 through § 771.131. According to 23 C.F.R. § 771.115(a) Class I actions such as

2516-525: The creation of the Executive Office of the President. Based on these recommendations, President Franklin D. Roosevelt in 1939 lobbied Congress to approve the Reorganization Act of 1939 . The Act led to Reorganization Plan No. 1, which created the office, which reported directly to the president. The office encompassed two subunits at its outset, the White House Office (WHO) and the Bureau of

2584-589: The decision-making process undertaken by federal agencies and to establish a national environmental policy. The act also promotes the CEQ to advise the President in the preparation of an annual report on the progress of federal agencies in implementing NEPA. It also established the CEQ to advise the president on environmental policy and the state of the environment. NEPA establishes this national environmental policy by requiring federal agencies to prepare an environmental impact statement to accompany reports and recommendations for Congressional funding. This impact statement

2652-552: The director of the Office of Management and Budget , the chair of the Council of Economic Advisers , and the United States Trade Representative ). The information in the following table is current as of January 20, 2021. Only principal executives are listed; for subordinate officers, see individual office pages. The White House Office (including its various offices listed below ) is a sub-unit of

2720-470: The entire proposed action and not be used for a segment or an interdependent part of a larger proposed action. Examples of Exceptional Circumstances that prevent use of Categorical Exclusions include where there are "potential effects on protected species or habitat, or on historic properties listed or eligible for listing in the National Register of Historic Places." The CEQ specifically cites

2788-449: The environment unless the NEPA complaint seeks removal and remediation in the request for relief as a "live" issue, see dissenting opinion in West v. Secretary of Dept. of Transp ., 206 F.3d 920 (9th Cir. 2000) page 931: He did not seek remediation; he wanted the interchange stopped. It was built. Therefore, there is no justiciable controversy pertaining to Phase I. If stopping construction

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2856-562: The environment" since 1970. With NEPA, Congress mandated that federal agencies take a "hard look" at the environmental consequences of their actions and to engage all practicable measures to prevent environmental harm when engaging in agency action. Furthermore, to remedy the widespread mistrust of the federal agencies, Congress incorporated within NEPA "action-forcing" provisions which require agencies to follow specific procedures in order to accomplish any federal project. Since its passage, NEPA has been applied to any major project, whether on

2924-404: The environment. This court in Sierra Club v. Marsh on page 504 also found since there is an instinct not to tear down projects, it is appropriate to issue preliminary injunctions early in NEPA cases: The way that harm arises may well have to do with the psychology of decisionmakers, and perhaps a more deeply rooted human psychological instinct not to tear down projects once they are built. But

2992-462: The final decision. A record of decision (ROD) is issued which records the agency's final decision. A federal study from 2013-2018 found that a full NEPA review took an average of 4.5 years. The Administrative Procedure Act at 5 U.S.C. § 702 provides the right for a person injured by a NEPA issue to carry out a NEPA case in court as: A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within

3060-446: The fullest extent possible: ... (d) Encourage and facilitate public involvement in decisions which affect the quality of the human environment." A U.S. District Court describes the essential requirement for public input on a draft EA as follows: The Ninth Circuit has read these regulations to mean that "the public must be given an opportunity to comment on draft EAs and EISs." Anderson v. Evans , 371 F.3d 475, 487 (9th Cir.2004). Because

3128-541: The human environment. In 2003 the National Environmental Policy Task Force found agencies "indicated some confusion about the level of analysis and documentation required to use an approved categorical exclusion". In 2010 CEQ issued guidance on the existing regulations for Categorical Exclusions consistent with NEPA and past CEQ guidance. This CEQ 2010 guidance acknowledges, "Since Federal agencies began using categorical exclusions in

3196-410: The large and organizationally complex White House staff that emerged during the presidencies of Roosevelt's successors. Roosevelt's efforts are also notable in contrast to those of his predecessors in office. During the 19th century, presidents had few staff resources. Thomas Jefferson had one messenger and one secretary at his disposal, both of whose salaries were paid by the president personally. It

3264-453: The late 1970s, the number and scope of categorically excluded activities have expanded significantly. Today, categorical exclusions are the most frequently employed method of complying with NEPA, underscoring the need for this guidance on the promulgation and use of categorical exclusions." This CEQ 2010 guidance goes on to caution, "If used inappropriately, categorical exclusions can thwart NEPA's environmental stewardship goals, by compromising

3332-404: The matter yielded myriad evidence indicating a gross mismanagement of the country's environment and resources, most notably at the hands of the federal government. As a result, lawmakers and the general public alike called for an urgent and sweeping policy of environmental protection. Congress answered these calls by enacting NEPA, which has served as "our basic national charter for protection of

3400-565: The meaning of a relevant statute, is entitled to judicial review thereof. By 5 U.S.C. § 706 the U.S. Congress provides for courts to make equitable remedies such as an injunction to compel agency action withheld or to set aside agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. However, a court case becomes moot when no practical ("live") issues remain as stated in Powell v. McCormack , 395 U. S. 486 (1969) pages 496 – 497: Simply stated,

3468-426: 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

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3536-559: 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

3604-470: The president were added by Congress, one of whom Hoover designated as his press secretary . From 1933 to 1939, as he greatly expanded the scope of the federal government's policies and powers in response to the Great Depression , Roosevelt relied on his "brain trust" of top advisers, who were often appointed to vacant positions in agencies and departments, from which they drew their salaries since

3672-565: The process to determine whether to prepare an Environmental Impact Statement (EIS) as follows: In determining whether to prepare an environmental impact statement the Federal agency shall: (a) Determine under its procedures supplementing these regulations (described in § 1507.3) whether the proposal is one which: (b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (§ 1508.9). The agency shall involve environmental agencies, applicants, and

3740-403: The proposed action, the relationship between local short-term uses of man's environment along with the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources that would be involved in the proposed action. An agency may undertake the drafting of an EIS without the initial drafting of the EA. This may happen if the agency believes that

3808-411: The public, to the extent practicable, in preparing assessments required by § 1508.9(a)(1). (c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement. (d) Commence the scoping process (§ 1501.7), if the agency will prepare an environmental impact statement. (e) Prepare a finding of no significant impact (§ 1508.13), if the agency determines on

3876-403: The quality and transparency of agency environmental review and decisionmaking, as well as compromising the opportunity for meaningful public participation and review." Indeed, the expanded use of Categorical Exclusions undermines NEPA by reducing environmental analysis and public comment, thereby increasing NEPA litigation. The CEQ 2010 guidance emphasizes that Categorical Exclusions must capture

3944-412: The quality of the human environment (40 C.F.R. §1508.4). If a proposed action is included in an agency's CatEx, the agency must make sure that no extraordinary circumstances might cause the proposed action to affect the environment. Extraordinary circumstances include effects on endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description provided in

4012-679: The reach of the courts (moot) if that project had progressed to where the costs of altering the project would outweigh benefits. Nevertheless, by 1981 the Ninth Circuit Court of Appeals recognized some projects might proceed with construction in an attempt to evade the requirements of NEPA. Therefore, the court cautioned that even completed projects could be ordered to be removed as stated in Columbia Basin Land Protection Assoc. v. Schlesinger , 643 F.2d 585 (9th Cir.1981) page 591 note 1: The building of

4080-528: The regulations "must mean something," the Circuit has held that an agency's failure to obtain any public input on a draft EA "violates these regulations." Citizens for Better Forestry v. U.S. Dept. of Agriculture , 341 F.3d 961, 970 (9th Cir.2003). If no substantial effects on the environment are found after investigation and the drafting of an EA, the agency must produce a Finding of No Significant Impact (FONSI). This document explains why an action will not have

4148-421: The requirements of NEPA, build its structures before a case gets to court, and then hide behind the mootness doctrine. Such a result is not acceptable. Thus, courts have the equitable power to prevent those who use bad faith construction to evade U.S. Congress policies such as NEPA. Despite a court recognizing the use of this mootness tactic, a court still might not order removal of construction and remediation of

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4216-415: The right to investigate the operation of the Executive Office, normally holding hearings bringing forward individual personnel to testify before a congressional committee. The Executive Office often helps with legislation by filling in specific points understood and written by experts, as Congressional legislation sometimes starts in broad terms. This table specifies the budget of the Executive Office for

4284-414: The risk implied by a violation of NEPA is that real environmental harm will occur through inadequate foresight and deliberation. The difficulty of stopping a bureaucratic steam roller, once started, still seems to us, after reading Village of Gambell, a perfectly proper factor for a district court to take into account in assessing that risk, on a motion for a preliminary injunction. Executive Office of

4352-456: The thinking behind NEPA. In 2015 a United States District Court provided a documented concise background of NEPA being created to protect the environment from actions involving the Federal government as follows: Following nearly a century of rapid economic expansion, population growth, industrialization, and urbanization, it had become clear by the late 1960s that American progress had an environmental cost. A congressional investigation into

4420-549: The towers has not made the case hypothetical or abstract — the towers still cross the fields of the Landowners, continually obstructing their irrigation systems — and this Court has the power to decide if they may stay or if they may have to be removed. * * * If the fact that the towers are built and operating were enough to make the case nonjusticiable, as the dissent states, then the BPA (and all similar entities) could merely ignore

4488-425: The underlying decision to prepare an EIS is legitimate, but they should not attempt to substitute an EIS. However, the Council on Environmental Quality regulation 40 C.F.R. § 1500.1(b) states: "NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken." Likewise, 40 C.F.R. § 1500.2 states: "Federal agencies shall to

4556-561: Was not until 1857 that Congress appropriated money ($ 2,500) for the hiring of one clerk. By Ulysses S. Grant 's presidency (1869–1877), the staff had grown to three. By 1900, the White House staff included one "secretary to the president" (then the title of the president's chief aide), two assistant secretaries, two executive clerks, a stenographer , and seven other office personnel. Under Warren G. Harding , there were thirty-one staff, although most were in clerical positions. During Herbert Hoover's presidency , two additional secretaries to

4624-499: Was the 1960s highway revolts , a series of protests in many American cities that occurred in response to the bulldozing of many communities and ecosystems during the construction of the Interstate Highway System . In addition, as the contribution of Indiana political scientist Lynton Caldwell shows, concern for the environmental recklessness of international development programs in the 1950s and 1960s also drove

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