Environmental Issues: U.S. Law & Policy

Why Is the National Environmental Policy Act So Important?

With an emphasis on "smart from the start" federal decision making, the National Environmental Policy Act (NEPA) protects our health, our homes, and our environment. Passed by an overwhelming bipartisan majority and signed into law by President Nixon, NEPA has empowered citizens and demanded government accountability for more than 40 years. The law was prompted in part by concerns from communities whose members felt their views had been ignored in setting routes for the Interstate Highway System, on which work began in the 1950s.

NEPA is democratic at its core. In many cases, NEPA gives citizens their only opportunity to voice concerns about a project's impact on their community. When the government undertakes a major project such as constructing a dam, highway, or power plant, it must ensure that the project's impacts -- environmental and otherwise -- are considered and disclosed to the public. And because informed public engagement often produces ideas, information, and even solutions that the government might otherwise overlook, NEPA leads to better decisions -- and better outcomes -- for everyone. The NEPA process has saved money, time, lives, historical sites, endangered species, and public lands while encouraging compromise and cultivating better projects with more public support.

Thanks to this law, hundreds of millions of Americans have participated in important federal decisions. We are able to know the risk a government project or practice could pose to our community or health because of NEPA -- and we are guaranteed a voice.

How NEPA Works

NEPA is designed to ensure that the public has informed access and input into federal agency decisions that could affect the human or natural environment. It mandates environmental impact statements (EISs) for major projects -- like power plants, roads, and bridges -- that the federal government is planning to undertake (except in emergency situations). At the heart of this review process is the agencies' obligation to consider alternatives to their original project designs, which motivates them to think outside the box, resulting in better projects that save money and reduce negative impacts. It also gives members of the public a voice in project design by letting them suggest alternatives, which promotes collaboration in planning and buy-in on final decisions.

EISs are first released in draft form, allowing the public and other agencies and levels of government to comment on decisions they care about, provide outside scientific opinion, and ask for improvements. In final EISs, agencies have to respond to reasonable input and explain any rejection of outside expert views. Smaller projects are reviewed through a less extensive Environmental Assessment (EA) process.

Threats to NEPA

Unfortunately, misperceptions about this cornerstone environmental law are driving congressional attempts to chip away at it. In particular, NEPA is frequently blamed as the leading cause of delays to projects when, in reality, lack of funding and project complexity are actually the culprits. Changing prices and shifts in the economic outlook may prompt companies to delay projects and wait for better timing; at the local or state level, the primary cause of delay is often a project's low priority or local controversies and politics.

As of this writing, the most recent and egregious threat to NEPA is the Senate's Water Resources Development Act (WRDA), which would effectively limit meaningful public participation on water projects, such as the construction of bridges and dams. And many in Congress have said they plan to apply the harmful provisions of WRDA to other types of projects in the future.

These legislative attacks strike at the fundamental principles of NEPA: environmental review, public participation, good science, examination of alternatives, and judicial review. The bottom line is that if we don't act now, Congress could, little by little, take away our right to have a say about federal government actions in our own backyards. Our message to Congress is simple: Never Eliminate Public Advice.

NEPA Success Stories

Learn more about how NEPA gives communities and individuals a voice by clicking a state below.

Colorado

NEPA Helps Address Communities' Safety, Environmental, and Cultural Concerns: I-70 Mountain Corridor
For years, the I-70 Mountain Corridor, which runs from Denver, Colorado to Glenwood Springs, experienced hours of congestion -- particularly on weekends -- as travelers accessed ski areas, hiking areas, and other recreational destinations in the Rocky Mountains. Initial plans for improving the corridor's capacity and mobility included blasting through cliff, building unattractive retaining walls, and channeling the Colorado River. For these reasons and others, the majority of stakeholders, did not support the plan. So, the Colorado Department of Transportation (CDOT) used NEPA to initiate a collaborative decision-making process to identify a new reconstruction plan. Thanks to NEPA-generated public input, CDOT chose a plan that was not only safer than the original one, but also had fewer impacts on the environment and river. The project has since won more than 30 awards for innovative design and environmental sensitivity.

NEPA Unites Diverse Stakeholders and Encourages Consideration of Community Impacts: North Fork Valley
In late 2011, the Bureau of Land Management (BLM) announced its intention to lease approximately 30,000 acres of public and private lands in Colorado's North Fork Valley for oil and gas development. Yet, a wide range of stakeholders, including farmers, conservationists, wineries, ranchers, ditch companies, chambers of commerce, local and state politicians, and hunters and fishermen, felt the plan was ill-conceived, unnecessary, and ignored the North Fork Valley's economic and environmental attributes. In particular, stakeholders were concerned about the proposal's affects on the area's economy, which depends largely on orchards, vineyards, meat production, and tourism. Using NEPA, this diverse coalition of people negatively affected by the proposal were able to voice their concerns. BLM listened and, in the end, deferred the parcels.

NEPA Leads to Responsible Energy Exploration: Canyons of the Ancients National Monument
Created in 2000 by President Clinton, Canyons of the Ancients National Monument in southwestern Colorado contains over 6,000 archaeological sites representing Ancestral Pueblan and other Native American cultures. As a result of the designation, the existing oil and gas leases on the land were permitted to run their course, but would not be renewed after their current term expired. On the eve of the lease's expiration, the lessees proposed a new seismic exploration project for the land. However, the Bureau of Land Management's (BLM) Environmental Assessment was based on inadequate cultural resource surveys, and, as a result, allowed exploration on the edges of several sensitive sites, including standing "towers" and multiple collections of artifacts. In an effort to protect these irreplaceable areas, a coalition of groups led by San Juan Citizens Alliance, filed suit in federal district court and were granted an emergency injunction. Negotiations between all stakeholders ensued, with conservation groups, BLM, and the lessees coming to the table to work out a compromise. The result: an exploration project that enabled lessees to obtain the seismic information they needed while avoiding the National Monument's most significant cultural features and fragile habitats. All in all, it was a win-win that balanced energy exploration with cultural resource protection, and exemplifies effective multiple use management of the public lands.

NEPA Accommodates Agency Needs: State Highway 9
When considering improvements to a 9-mile stretch of State Highway 9 (SH9) between Frisco and Breckenridge, Colorado, the Colorado Department of Transportation and the Federal Highway Administration used NEPA to help meet project goals of improving safety and mobility on a budget. The selected alternative proposed a four-lane reduced section roadway including necessary turn lanes, acceleration and deceleration lanes, curbs and gutters, medians, and shoulders between milepost 97 and milepost 85. This alternative was selected through the public comment process and interagency involvement fostered by NEPA because it offered a way to achieve project objectives while minimizing the physical impacts on the environment. In the end, the project included wider shoulders for cyclists, bus priority signals, ways to minimize dust emissions during the construction process, wetland mitigation, minimization of tree removal, and a bridge over Blue River to avoid wildlife damage. Additionally, the final project ended up costing less than the original plan!

Minnesota

NEPA Protects Small Businesses: Central Corridor Light Rail
The Central Corridor Light Rail is a 10.9-mile light rail transit line connecting downtown Minneapolis and St. Paul. Running along University Avenue for most of the route, the project includes the construction of 18 new stations and is expected to cost $1 billion by completion in 2014. In January 2011, the National Association for the Advancement of Colored People (NAACP) filed suit against the U.S. Department of Transportation (DOT) and the Metropolitan Council (the regional transit authority) claiming that the final environmental impact statement for the project was inadequate, in part because it failed to analyze the short-term impact of project construction on surrounding businesses.Specifically, the businesses were concerned with the project's removal of street parking, which would prevent customers from patronizing their stores, negatively affecting their revenues.

In response, the DOT used NEPA to hold town meetings, hearings, and otherwise engage the community, resulting in a supplemental environmental assessment that suggested a range of mitigation measures to help small businesses affected by construction activities. In total, the Metropolitan Council, City of St. Paul, City of Minneapolis, Metro Transit (the regional transit authority), and contractor committed nearly $15 million to helping small, local businesses in the corridor cope with the impacts of construction and loss of street parking.

Montana

NEPA Improves Safety and Preserves Unique Landscape: U.S. Route 93
Thanks to the NEPA process, a highway project in Montana addressed safety concerns while minimizing damage to a unique cultural landscape. US-93, located north of Missoula in western Montana, saw an increase in traffic fatalities and injuries on a heavily traveled stretch heading toward Glacier National Park. To address concerns, the Montana Department of Transportation (MDT) proposed to widen a 56-mile segment from two lanes to five. This segment runs through the Flathead Indian Reservation, including territory in the heart of the Rocky Mountains -- a popular recreational destination -- and the Ninepipe Wetlands Area, which supports unique and fragile wildlife species. NEPA gave the Confederated Salish and Kootenai Tribal Government and citizen groups an opportunity to participate in the project design process. MDT looked for creative solutions and considered alternatives for the highway mitigated impacts on tribal culture, family farms, and the environment. The final design successfully addressed safety, environmental, and cultural concerns. Slow curves in the roadway were planned along the most scenic areas to discourage speeding and follow the contour of the land. One mile of the highway was relocated around the Ninepipe Wetlands area, and wildlife crossings and fencing were added at the request of the Tribes to make the roads safer for commuters and wildlife.

NEPA Cuts Across Partisan Lines: Blindhorse Outstanding Natural Area
In early 2004, the Bureau of Land Management (BLM) began reviewing proposals for new drilling permits on several existing leases located on public lands in the heart of Montana's Rocky Mountain Front, spurring public outcry. During the public participation process mandated by NEPA, 99% of the more than 49,000 comments received by the BLM urged the agency to halt the drilling proposal. Those opposing the project included 45 state hunter and angler groups from around the nation who sign a resolution calling for a moratorium on oil and gas drilling on Montana's Rocky Mountain Front; a bipartisan coalition of sportsmen, ranchers, local business owners, public officials, and conservationists working to protect the front; and Senators Baucus (D-MT) and Burns (R-MT).

In response to the widespread opposition, BLM stopped the environmental review process. This decision removed the immediate threat of drilling on the Rocky Mountain Front and fostered a realistic discussion of a lease buy-out and permanent protection of the Front as wilderness. Mary Sexton, a Teton County Commissioner said, "[t]he strong public support for the Front, questionable benefit of drilling, and limited natural gas resource available along the Front all lead to this sensible step to halt the permitting process. Now the door is open for people to work together...to find resolution to this contentious issue through a lease buy-out or swap that is fair to everyone."

"This decision will help protect our tradition of ranching, farming and working along the Rocky Mountain Front," said rancher Karl Rappold. "We have the opportunity to protect the Front -- both for today and for our grandchildren. It's important that we don’t let this moment slip away, and we're looking to Congress for initiative, leadership and creative solutions to complete the job and protect this important part of Montana's heritage."

North Carolina

NEPA Saves Taxpayer Dollars: Monroe Bypass
In 2012, the state of North Carolina led an environmental review of the proposed Monroe Bypass -- a four lane toll road with nine interchanges, concluding that that the area around the proposed toll road was already so developed that the new highway would have "no appreciable environmental impact." The 4th Circuit U.S. Circuit Court of Appeals disagreed, finding that the agency failed to analyze environmental impacts, conducted a flawed analysis of alternatives, and presented false and misleading information to the public. The Court found that the agencies had even ignored their own study concluding that congestion could be greatly reduced by improving the existing intersections along the U.S. 74 corridor for only $15 million -- far below the proposed new bypass's $700 million price tag.

NEPA Ensures Sportsmen Have a Voice: South Toe River
One of the most-valued aspects of our national forests are the outstanding fishing streams they provide. So, when local anglers caught wind of a proposed project re-routing a portion of North Carolina's South Toe River, they were understandably concerned. The NEPA process gave them and other locals concerned with the proposed project's potential impacts on the river's water quality and prize trout fishing a chance to ask for alternatives. In response, the Forest Service withdrew the original proposal and is currently considering options that will preserve the sportsmens' use of the river for recreational fishing.

Oregon

NEPA Encourages Innovation and Efficiency: Columbia River Crossing
From 2008 through 2012, the Federal Highway Administration and Federal Transit Administration developed an environmental impact statement (EIS) for a large and complex project to replace a bridge in Portland, Oregon. To build the superstructure for the new bridge, the project required installation of more than 1,000 temporary steel piles, which could injure or kill the 13 threatened and endangered fish species, including salmon and smelt, that used the river as a migratory corridor. Working closely with regulatory agencies as part of the NEPA process, the project team developed a method for reducing the impacts of underwater noise levels caused by installation of the steel piles to fish by using a "bubble curtain" (i.e., wall of air bubbles). This innovative technology reduced the project impacts to fish so drastically that state regulators granted a 12-week extension for in-water work, which allowed construction to be completed several years earlier than it would have otherwise been. As a result, the project received both the National Association of Environmental Professionals (NAEP) Best Available Environmental Technology Award and the NEPA Excellence Award for an outstanding EIS.

Rhode Island

NEPA Forces Consideration of Factors that Would Otherwise Be Ignored: Route 403
In order to alleviate congestion, the Rhode Island Department of Transportation (RIDOT) proposed relocating Route 403 -- a two-lane road through residential North Kingstown -- and building a new four-lane highway. In accordance with NEPA, RIDOT considered alternatives to its original plan, involving the public early in the design process. The NEPA process resulted in modifications to the original plan suggested by local citizens that the RIDOT would not have otherwise thought of, including a reduction in acreage that lessened damage to wetlands. "The people that live [in the affected area] know more than I do," said said Peter Healey, Principal Civil Engineer for RIDOT. He explained that a key benefit of public involvement was giving a voice to those who will be regular users of a project. "NEPA played a vital role in balancing [...] views," Healey said. The idea behind NEPA is to, "make a concept available to the public. [...] You can't make all parties happy, but you can certainly balance their interests....The public wants to help you make a project better."

Washington

NEPA Encourages Better Projects: Huckleberry Land Exchange
Under the proposed Huckleberry Land Exchange, the U.S. Forest Service would trade nearly 7,000 acres of mature and old-growth forest in Washington's Mt. Baker-Snoqualmie National Forest, including a portion of the Muckleshoot Tribe's historic Huckleberry Divide Trail, for about 30,000 acres of high-elevation land held by Weyerhaeuser Timber Company. Citizen groups and the Muckleshoot Indian Tribe challenged this proposal. The court found that the Forest Service violated NEPA by failing to consider an adequate range of alternatives and by neglecting to analyze the cumulative impacts of the proposed exchange. As a result, the Forest Service improved their analysis and altered their plans for carrying out the exchange. Ultimately, the Huckleberry Land Exchange went forward with a better design that protected old-growth forest and culturally and recreationally important public lands.

Wisconsin

NEPA Gives Communities a Voice: Highway 26
Highway 26 is a regional road that runs through southcentral Wisconsin, connecting Illinois to Wisconsin’s Fox River Valley. To address increasing traffic from trucks and regional drivers on the road, Wisconsin’s Department of Transportation (WisDOT) proposed the construction of a bypass. NEPA provided the opportunity for stakeholders to engage in discussions about the project development. “NEPA forces us into providing alternatives that are representative of the interests from all agencies involved,” said James Oeth, WisDOT project manager. As stipulated by NEPA, several alternatives were selected, studied in detail, and made available for public comment. “Without NEPA, we would have just asked what the shortest distance was and built the road through there,” said Oeth.

The final decision created a route with the least impact and disruption to the community. For example, while the original route would have plowed through Ed McFarland’s dairy farm, which sits west of Watertown, the final plan navigated around it. “Public involvement helped us...the less land we lose, the better,” said McFarland. Additionally, under the final plan, the bypass skirted the community’s urban service area, instead of destroying pristine land. While not all of the community’s major requests were accommodated, residents appreciated the opportunity to be involved in the process. “I believe NEPA allowed for these alterations to take place,” said Andy Didion, a Jefferson resident. “The DOT is getting much better and realizing this affects people’s lives.” “We talked out problems and came up with solutions that were agreeable to most participants,” stated Greg David, a Jefferson County Supervisor. “The NEPA process has saved us a lot of money, and mitigated many of the externalized consequences of a freeway expansion project.”

Wyoming

Environmental Analysis and Protects Private Property: Clark River
In 2004, Windsor Wyoming Inc. proposed a seismic survey on land owned by the Bureau of Land Management (BLM), the Forest Service, and private landowners. The environmental analysis called for the drilling of 3,420 seismic shot holes in a 47-mile area surrounding Wyoming's Clark River -- the state's only designated Wild and Scenic River. Under the proposal, explosive charges would be fired into the holes to create a 3-D picture of the area's available resources. After reviewing the draft plan, nearby private property owners represented by Powder River Basin Resources Council -- a bipartisan community group -- noted that it failed to consider how these explosions would affect scarce water resources, elk and other game species, hunting opportunities, Native American historical sites, and private property values. This public input led BLM to re-examine the draft plan and consider the use of a new survey technology called "passive seismic" that would mitigate the damaging effects of the explosive charges. In the end, thanks to NEPA, private property owners, land managers, and industry achieved a seismic exploration plan that protected game species, Tribal sites, private property rights, and critical water resources.

NEPA Process Helps Strike a Balance: Off Highway Vehicle Route Designation Project
In January 2009, the Forest Service developed a plan to better balance conflicting uses of Wyoming's Bridger-Teton National Forest. The plan designated roads and trails for Off-Highway Vehicles (OHVs) to reduce conflicts between the area's multiple users, reduce resource impacts, and improve route maintenance while allowing for effective enforcement. After conducting an environmental analysis for the project and listening to public comments, as required under NEPA, District Rangers decided to implement a modified plan that addressed concerns from local business owners, citizens, and environmental organizations. The final plan better defined the trail system as a whole, benefitting the environment and individuals using the park for non-OHV activities, as well as OHV enthusiasts. As Bob Hatton, owner of Bob's Quads -- a local ATV service and repair shop—stated, "I can't really see a downside to it. The last thing I want to see is off-highway vehicles running all over the place. I want to be able to go up the Gros Ventre and hike and enjoy the wilderness as well as motorized travel...not to mention the wildlife. Just having an organized trails system with this much research, it's hard to find fault with that." The OHV trails were sited to avoid ecologically-important areas like Wilderness Study Areas, roadless areas, and critical wildlife habitat. Thanks to open communication with the public and the Forest Service's willingness to look at impacted resources and the sustainability of the system as a whole, the project struck a remarkable balance between the area’s multiple attributes and users.

We want to hear from you!

Do you have a NEPA success story to share? Tell us about it.

last revised 4/30/2013

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