National Environmental Policy Act Under Attack

The Trump Administration is now going after the National Environmental Policy Act (NEPA). With this Attack they are Threatening a Core, Bedrock Environmental Law, it's like Kicking Bricks out of the Foundation.

The National Environmental Policy Act of 1969 established National Environmental Policy and Goals for the Protection, Maintenance, and Enhancement of the Environment. It gives Federal Agencies a Process for Implementing these Goals.

“To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and stimulate the health and welfare of man…”

- NEPA is often called an Umbrella Policy, because Multiple Laws, Executive Orders and Regulations are considered in the NEPA Process.

- NEPA is Triggered by Federal Funding, even if only $1 of Federal Money is Spent, the NEPA Process must be followed.

The Regulations define Three “Classes” of Actions that Determine the Level of NEPA Documentation Required.

- Class I (Environmental Impact Statement/EIS): Actions that significantly Impact the Environment, for example a New Controlled Access Freeway.

- Class II (Categorical Exclusion/CE): Actions that do Not Individually or Cumulatively have a Significant Environmental Effect, such as Bridge Rehabilitation, Reconstruction, or Replacement.

- Class III (Environmental Assessment/EA): Actions whose Environmental Impact is Not clearly Established. All Actions that are Not Class I or II are deemed Class III.

NEPA was enacted after the infamous Cuyahoga River Fire in Ohio. It has allowed Communities to have a Voice in Projects being Proposed for their Neighborhoods, Heading Off Environmental Disasters like Rivers so Polluted they catch Fire. But Industry Groups complain that NEPA has created Delays in Projects like laying Oil Pipelines and Building New Dams and Mines.

The Trump Administration's Proposed Revisions would Undermine NEPA by Requiring Fewer Environmental Assessments and Imposing Strict New Deadlines for Completing these Important Reviews. The Proposed Changes would also Eliminate the Requirement to consider "Cumulative Impacts" of Projects. In recent years, Courts have said that Includes Global Warming consequences of Emitting more Greenhouse Gases.

There is a 60-day window for Public Comment. We need to make sure the Administration is Flooded with Letters of Opposition.










NYC Wins When Everyone Can Vote! Michael H. Drucker