II. National Environmental Policy Act Overview II. National Environmental Policy Act Overview

• Jurisdiction: United States

II. National Environmental Policy Act Overview

NEPA is our Nation's charter for the protection of the environment.⁴ NEPA's twin goals are: (1) to foster informed decision-making by "ensur[ing] that the agency, in reaching its decision, will have available, and will carefully consider, detailed information concerning significant environmental impacts," and (2) to promote informed public participation by requiring full disclosure of and opportunities for the public to participate in governmental decisions affecting environmental quality.⁵ "Simply by focusing the agency's attention on the environmental consequences of a proposed project, NEPA ensures that important effects will not be overlooked or underestimated only to be discovered after resources have been committed or the die otherwise cast."⁶

NEPA requires the preparation of an Environmental Impact Statement ("EIS") for any major federal action significantly affecting the quality of the human environment.⁷ An EIS must detail the environmental impact of the proposed action, any adverse environment effects that cannot be avoided if the project is implemented, and alternatives to the proposed action.⁸ When the significance of the effects of a proposed agency action are uncertain, an agency may prepare an environmental assessment ("EA") to determine whether an EIS is necessary.⁹ Completion of an EA results in the issuance of a Finding of No Significant Impact ("FONSI") or a decision to prepare an EIS.

To determine the effects of a proposed action on the environment, an EIS must first disclose the baseline conditions of the affected environment.¹⁰ The level of detail included in the EIS should be "commensurate with the importance of the impact."¹¹ An EIS must then discuss

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the environmental impacts of the proposed action and reasonable alternatives, including any adverse environmental effects which cannot be avoided.¹²

Direct, indirect, and cumulative effects must be included.¹³ Direct effects are those "caused by the action," which "occur at the same time and place."¹⁴ Indirect effects "are caused by the action," are "later in time or farther removed in distance, but are still reasonably foreseeable."¹⁵ For example, indirect effects may include "growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems."¹⁶

Cumulative effects are...