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National Environmental Policy Act of 1969

National Environmental Policy Act of 1969. By: Alyssa Kaiser and Celia Rozanski. Before the Act. Prior to 1969, the USA had no clear environmental policy Rachel Carson’s Silent Spring raised public awareness of environmental degradation

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National Environmental Policy Act of 1969

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  1. National Environmental Policy Act of 1969 By: Alyssa Kaiser and Celia Rozanski

  2. Before the Act • Prior to 1969, the USA had no clear environmental policy • Rachel Carson’s Silent Spring raised public awareness of environmental degradation • Several environmental incidents prompted public outcry and pressure for environmental legislation • Santa Barbara oil spill in 1969 spilled 3 million gallons of oil into the Pacific • Cuyanoga River full of garbage and chemicals, eventually caught fire

  3. NEPA • NEPA aims to balance the relationship between short-term uses of man’s environment and the maintenance of long-term productivity • NEPA ensures that environmental concerns will be held on an equal level (but not above) economic ones.

  4. PROVISIONS OF NEPA • Signed into Law by President Nixon January 1, 1970 • Declares a national environmental policy, balances environmental concerns and social/economic concerns • Establishes a procedure by which federal agencies can be held publicly responsible for their environmental impact • Establishes a Council on Environmental Quality (CEQ) meant to advise and inform the President.

  5. Council on Environmental Quality • Modeled after the Council of Economic Advisors (1946) • Composed of three members • Appointed by President, confirmed by Senate • Issues regulations concerning the EIS process

  6. 1. Categorical Exclusion • A project may be exempted from the need for a detailed environmental analysis if it falls under a category of project which a federal agency has previously determined has no significant environmental impact

  7. 2. Environmental Assessment (EA) • If a project is not categorically excluded, an EA is required • Determines whether the proposal would seriously affect the environment and discusses the impacts • Discusses the need for the proposal • Discusses alternatives to the proposal • In some cases, the EA may be skipped if a company knows that the proposal will affect the environment enough to require an EIS

  8. 3. Finding of No Significant Impact • When an EA shows that a project will not significantly influence the environment, a FONSI is issued and an EIS is unnecessary.

  9. 4. Environmental Impact Statement • When the EA shows that a project will impact the environment, an EIS is prepared • Much more detailed analysis of the environment and how it will be affected • States purpose of and need for the project, as well as alternatives to the project • EIS’s are available for public comment

  10. 5. Record of Decision • After the EIS is compiled, a ROD is issued. • ROD explains the decision, once again describes alternatives that were considered, and discusses plans to mitigate environmental degradation

  11. source: ceq.hss.doe.gov

  12. NEPA is Applicable to… • Any project that involves • Federal funding • Work done by the federal government • Permits issued by a federal agency • Due to the comprehensive nature of NEPA, it indirectly affects everyone • NEPA was the catalyst for other major environmental policy in the 1970s, such as the Clean Air Act and the Clean Water Act

  13. Amendments to NEPA • There have been no major amendments to NEPA

  14. Weaknesses of NEPA • NEPA is an ‘action-forcing’ piece of legislation • The act itself does not carry civil or criminal punishments • CEQ has no authority to enforce its regulations • Enforcement of NEPA is left solely up to the court system • Critics of NEPA say that this allows an avenue for unnecessary litigation initiated by parties who do not agree with a project

  15. Weaknesses of NEPA (cont’d) • In early years, many agencies contested NEPA and claimed that it did not apply to them • This is no longer an issue

  16. To Conclude - • The National Environmental Policy Act of 1969 was the birth of modern environmental policy in the US • Through the EIS process, it holds federal agencies publicly accountable for their impact on the environment and it legitimizes environmental considerations • NEPA endeavours to strike a balance between preserving the environment for future generations and maintaining economic, technological, and social momentum

  17. Works Consulted • Alm, Alvin L. “NEPA: Past, Present, and Future.” Environmental Protection Agency. N.p., Jan-Feb 1988. Web. 11 Apr. 2011. http://epa.gov/ • Anderson, Mandelker, and Tarlock. Environmental Protection: Law and policy. N.p.: Little, Brown & Company, 1984. Print. • Caldwell, Lynton Keith. The National Environmental Policy Act: An Agenda for the Future. N.p.: Bloomington: Indiana University Press, 1998. Print. • Dykhius, Teri. “From Oil Spill to Environmental Law.” Fermilab Today. N.p., n.d. Web. 11 Apr. 2011 http://fnal.gov • Dykstra, Peter. “History of Environmental Movement Full of Twists, Turns.” CNN. N.p., n.d. Web. 11 Apr. 2011. http://articles.cnn.com • “National Environmental Policy Act.” National Environmental Policy Avt. Department of Energy Office of Health, Safety and Security, n.d. Web. 11 Apr. 2011. http://ceq.hss.doe.gov/.

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