« Law - "The Billable Hour: Are Its Days Numbered?" | Main | Ind. Decisions - Court of Appeals rules in law firm malpractice case »

Monday, November 28, 2005

Environment - National Environmental Policy Act under siege

In a Christian Science Monitor long article today headlined "A tough look at a key environmental law: A congressional group finishes public hearings on law that assesses impacts of federal projects," the paper begins its report:

The National Environmental Policy Act - known as the Magna Carta of US environmental laws - is under intense political scrutiny.

For 35 years, NEPA has required that everything built or operated on federal land that "significantly affects the quality of the human environment" be scrutinized for its impact. Thousands of construction projects and other ventures - from highways, dams, and water projects to military bases and oil drilling - have been adjusted and in some cases scrapped because of the law.

The requirements of this Nixon-era act have done much for environmental protection, its supporters say. NEPA also has acted as a "sunshine law," opening the political process involving such decisions to all Americans through "environmental impact statements" allowing for public comment.

But the law has also been the basis for hundreds of lawsuits, in effect becoming a tool for activists to slow or kill many projects. NEPA also has greatly added to the cost of public works, energy development, and other beneficial projects, critics say. Most recently, it has been charged, environmental lawsuits under NEPA stymied US Army Corps of Engineers plans that might have lessened the impact of hurricane Katrina along the Gulf Coast.

A congressional task has just ended a series of public hearings in five states and Washington, D.C. Lawmakers heard from a range of interests - the New Mexico Cattle Growers' Association, the Women's Mining Coalition, the Zuni Tribe, the Sierra Club, energy lobbyists, and local officials. A report and recommendations from the task force are expected shortly. It's unclear whether these will produce major changes to NEPA, as some environmental activists fear, or merely tweaks in the law.

Posted by Marcia Oddi on November 28, 2005 06:42 AM
Posted to Environment