Jonah Patel
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the human environment and the inadequate consideration of environmental impacts by major federal projects. NEPA requires federal agencies to assess the environmental consequences of major federal actions significantly affecting the environment and to make this information available to the public. The human environment includes the physical (geology, soils, air, water), biological (plants, animals), social (communities, economics), and cultural (archaeological and historic resources) aspects of the environment. When a federal project is proposed that triggers NEPA, the agency must determine the level of review required, which can include a Categorical Exclusion (CATEX), an Environmental Assessment (EA), or an Environmental Impact Statement (EIS).
| Characteristics | Values |
|---|---|
| Physical | Geology, soils, air, water |
| Biological | Plants, animals |
| Social | Communities, economics |
| Cultural | Archaeological and historic resources |
| Procedural | Requires federal agencies to take a "hard look" at how their actions affect the environment and if there are ways to minimize environmental effects |
| Requires federal agencies to incorporate environmental considerations in their planning and decision-making through a systematic interdisciplinary approach | |
| Requires federal agencies to prepare detailed statements assessing the environmental impact of and alternatives to major federal actions significantly affecting the environment | |
| Requires federal agencies to make information about the potential impacts of proposed actions and alternatives on the human and natural environment available to the public |
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What You'll Learn
Physical environment: geology, soils, air, and water
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the "human environment" and the inadequate consideration of environmental impacts stemming from major federal projects. NEPA requires federal agencies to take a "hard look" at how their actions affect the human and natural environment and to consider ways to minimise environmental effects.
The human environment under NEPA encompasses the following physical aspects: geology, soils, air, and water.
Geology
Geology is the scientific study of the Earth's physical structure and substance, encompassing the processes that act on these elements over time. Geology is a crucial component of the physical environment as it forms the basis for many other natural processes and systems, including the water cycle and soil formation.
Soils
Soils are a vital part of the physical environment, providing essential functions for the Earth's ecosystems. Soils are composed of organic matter, minerals, and empty space filled with air and water. They are formed through the weathering of rocks and minerals, and their composition and texture are influenced by the types of weathering that occur in a given region. Soils play a critical role in water filtration and purification, flood regulation, carbon storage, waste decomposition, and providing habitats for numerous organisms.
Air
Air is an essential component of the physical environment, encompassing the atmospheric gases that surround the Earth. It plays a critical role in sustaining life, including human activities, and maintaining air quality is crucial for the well-being of all living organisms.
Water
Water is a fundamental aspect of the physical environment. It is essential for all known life forms and plays a critical role in various natural processes. Water is closely linked to the soil, as it is absorbed and released by the soil, preventing floods and droughts. Water also undergoes a natural cycle, moving from the land surface into the groundwater and oceans, and is closely tied to the climate and weather patterns.
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Biological environment: plants and animals
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the human environment and the inadequate consideration of environmental impacts by major federal projects. NEPA requires federal agencies to assess the environmental effects of their proposed actions before making decisions.
The human environment under NEPA includes the biological environment, which encompasses plants and animals. NEPA ensures that federal agencies consider the environmental consequences of their actions on plants and animals and inform the public about their decision-making processes. This includes the potential impacts on endangered species and their ecosystems. For example, the Endangered Species Act (ESA) was passed in 1973 to conserve endangered and threatened species and their ecosystems, recognising the aesthetic, ecological, educational, recreational, and scientific value of the United States' natural heritage.
NEPA established the President's Council on Environmental Quality (CEQ) to oversee its implementation and ensure that federal agencies meet their obligations. CEQ issues regulations and guidance to federal agencies regarding NEPA compliance. It also reviews and approves federal agency NEPA procedures and helps resolve disputes.
Under NEPA, federal agencies must prepare detailed statements, commonly known as Environmental Impact Statements (EIS) and Environmental Assessments (EA), when major federal actions might significantly affect the quality of the human environment, including plants and animals. These statements assess the environmental impact of the proposed action, any adverse effects, alternatives, and the relationship between local short-term uses.
NEPA does not mandate particular results but requires federal agencies to consider the impacts of their actions on the biological environment, including plants and animals, and take a ""hard look" at how their actions may affect this environment. The act promotes informed decision-making and encourages agencies to incorporate environmental considerations into their planning processes, alongside financial and technical factors.
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Social environment: communities and economics
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the "human" environment and the inadequate consideration of environmental impacts by major federal projects. The human environment, in the context of NEPA, includes the social environment, which encompasses communities and economics.
Communities
The social environment includes communities, which can refer to both local and broader communities that may be affected by federal actions. When a federal project is proposed that triggers NEPA, the relevant federal agency must determine the level of review required. This process involves identifying whether the proposed action falls under a Categorical Exclusion (CATEX), meaning it is deemed to have no significant impact on the environment, or if an Environmental Assessment (EA) is required to determine the potential environmental effects.
In conducting an EA, agencies are required to make the assessment available to the public. This can be done through various methods, including holding public meetings, providing notice in the Federal Register, or publishing in local newspapers. The objective is to notify and engage all interested or affected parties, including members of affected communities.
Economics
The economic aspect of the social environment under NEPA considers the financial implications of federal actions on communities and the broader economy. NEPA requires federal agencies to give equal consideration to environmental factors alongside financial and technical factors in their planning and decision-making processes. This includes assessing the potential environmental consequences of "major federal actions" and exploring alternatives to minimise negative environmental impacts.
Additionally, NEPA's Declaration of National Environmental Policy mandates the federal government to strive for productive harmony between human activities and the natural environment. This includes considering the economic activities and development goals of communities while ensuring they align with environmental protection and sustainability.
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Cultural environment: archaeological and historic resources
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the "human" environment and the inadequate consideration of the environmental impacts of major federal projects. The Act requires federal agencies to consider the impacts of their actions on the human and natural environment, encompassing the physical, biological, social, and cultural environment.
The cultural environment includes archaeological and historic resources, which are protected by Federal legislation such as the National Historic Preservation Act (NHPA) of 1966. The NHPA ensures that historical and archaeological properties are not lost or damaged by activities permitted or funded by Federal agencies. Federal bureaus, such as the Bureau of Safety and Environmental Enforcement (BSEE), are responsible for preserving archaeological properties under their jurisdiction and ensuring that Federal plans contribute to the preservation and enhancement of historically or archaeologically significant sites, structures, and objects.
Archaeologists play a crucial role in identifying and preserving archaeological sites. They use geophysical tools to locate and map buried river channels, which are often associated with human activities. Historic shipwrecks, for example, provide valuable insights into the nation's maritime history and culture. In the case of energy development projects, BSEE works with the Bureau of Ocean Energy Management (BOEM) to review potential impacts on archaeological sites and historic properties.
Additionally, cultural resources are considered in environmental planning. These resources include sites, districts, buildings, structures, and objects significant in history, architecture, archaeology, engineering, and culture. Indigenous peoples have a deep connection to the land, and their historical and cultural knowledge is integral to environmental solutions. The protection of cultural resources often involves site avoidance or mitigation measures such as data recovery, archival research, and community engagement.
Overall, the NEPA process aims to ensure that federal agencies take a "hard look" at the potential environmental consequences of their actions and make this information available to the public. By integrating NEPA with other processes, such as Section 106 of the NHPA, agencies can broaden their understanding of the effects on the human environment and make informed decisions to protect and enhance cultural resources.
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Environmental Impact Statements (EIS) and Environmental Assessments (EA)
The National Environmental Policy Act (NEPA) was enacted in 1969 in response to public concern about the deteriorating quality of the human environment and the inadequate consideration of environmental impacts by major federal projects. NEPA requires federal agencies to take a "hard look" at how their actions affect the human and natural environment and consider ways to minimize negative environmental consequences.
An EA, on the other hand, is a preliminary evaluation conducted when a proposed action does not qualify for a Categorical Exclusion (CATEX). A CATEX refers to actions that typically do not have a significant impact on the environment, such as minor renovations or repairs. If a proposed action falls under a CATEX, no further review is necessary unless extraordinary circumstances exist. An EA determines whether a federal action is likely to cause significant environmental effects. Agencies are required to make their assessments available to the public through various methods, including public meetings, notices in the Federal Register, or local newspaper publications.
The level of review under NEPA depends on the nature of the proposed action. If an EA concludes that the environmental impacts of a proposed action will be significant, an EIS is then prepared. The preparation of an EIS involves a "scoping" process, where the agency decides on the scope of the EIS, solicits input, and considers alternatives. A draft EIS is made available for public comment for a minimum of 45 days.
In summary, EISs and EAs are essential tools for assessing the environmental consequences of federal actions under NEPA. EISs are more comprehensive and are triggered when a proposed action is likely to have a significant impact on the human environment. EAs, while less detailed, serve as an initial evaluation to determine the potential environmental effects of a project and guide the decision-making process. Both EISs and EAs promote transparency and public involvement, ensuring that federal agencies consider the potential impacts of their actions on the human environment.
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Frequently asked questions
NEPA stands for the National Environmental Policy Act. Enacted by Congress in 1969, it requires federal agencies to consider the impacts of their actions on the human and natural environment.
The human environment under NEPA encompasses the physical (geology, soils, air, water), biological (plants, animals), social (communities, economics), and cultural (archaeological and historic resources) aspects of the environment.
The three main levels of NEPA review are Categorical Exclusion (CATEX), Environmental Assessment (EA), and Environmental Impact Statement (EIS). CATEX refers to actions that do not have a significant impact on the environment. An EA is a preliminary evaluation conducted when an action does not qualify for CATEX. An EIS is a detailed assessment required when an action is expected to have a significant effect on the human environment.
A NEPA review is triggered when a federal agency proposes a major federal action that may significantly affect the human environment. Examples include new or continuing projects on federal lands, such as timber sales or renewing grazing permits.
The CEQ was established by NEPA to oversee the implementation of the Act. The CEQ's duties include developing findings and recommendations consistent with NEPA's policy goals, ensuring federal agencies meet their NEPA obligations, and providing referrals for interagency disagreements.
