March 01, 2013

The NEPA Litigation Guide

JoAnne L. Dunec

Albert M. Ferlo, Karin P. Sheldon, and Mark Squillace, eds., The NEPA Litigation Guide, ABA Section of Environment, Energy, and Resources, Second Edition, 2012.

The passage of the National Environmental Policy Act (NEPA) was groundbreaking at the time. As J. Brooks Flippen noted in Nixon and the Environment, “NEPA remains in many respects the cornerstone of American environmental policy, a clear and concise statement of American environmental values.”

In the preface to the NEPA Litigation Guide, the editors observe,

NEPA has held up well. Despite some complaints about the time and expense of NEPA review, Congress has made no real changes to the statute or legislated large exceptions to its coverage. Nor have federal agencies significantly altered or limited their regulatory requirements for compliance. And the concept of considering the environmental consequences of proposed action on a “preventative and anticipatory basis” has taken hold in the United States and around the world.

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