Section 10.19A Environmental Protection Act
| Library | Eminent Domain 3rd Edition 2013 |
Is the failure of a condemning entity to comply with the National Environmental Protection Act (“NEPA”) 42 U.S.C. § 4321 etseq., a defense to the taking available to an owner whose property is being condemned? The issue has not been addressed by Arizona appellate courts. Federal cases are divided on the issue.
The first question to address is whether NEPA applies to the project. NEPA requires that federal agencies prepare and file an Environmental Impact Statement prior to any “major federal actions significantly affecting the quality of human environment . . .” 42 U.S.C. § 4332(2)(C) (1970). Assuming that the...
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