Complying with the National Environmental Policy Act

Summary

This practice note discusses the National Environmental Policy Act (NEPA) and provides an overview of its implementation from the perspective of a project proponent. Signed into law on January 1, 1970, as the nation's first major federal environmental statute, NEPA is known as the "Magna Carta of Environmental Law." 42 U.S.C. § 4321 et seq. Congress designed NEPA to institute a national policy requiring federal agencies to identify and consider the potential environmental implications of their actions during the decision-making process. As a result, NEPA is purely a procedural statute; it does not dictate any particular result or require federal agencies to shape their decisions to cause the least environmental impact. But it is imperative that regulated parties faithfully comply with NEPA's procedures to minimize legal, financial, and scheduling risks to their activities.