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Published in Natural Resources & Environment, Volume 23, Number 4, Spring 2009. © 2009 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. For almost forty years, the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA), has provided the...