The Evolution of NEPA in the Fight Against Climate Change

Authors

  • Robert Reiley

DOI:

https://doi.org/10.5195/pjephl.2011.21

Abstract

The National Environmental Policy Act (“NEPA”) is the first environmental charter of the United States.

 

1 Signed into law on January 1, 1970, NEPA addresses the need for overarching national environmental guidance in the country. During the course of its forty year history, NEPA has been used to challenge a wide range of federal actions including the issuance of operating permits under the Clean Air Act,2 the approval of forest management plans approved under the National Forest Management Act,3 the construction of highways under the Federal-Aid Highways Act,4 and the issuance of oil leases under the Outer Continental Shelf Lands Act.5 Given the breadth of NEPA’s applicability, it was inevitable that NEPA would become a tool to combat climate change. The use of NEPA to require federal agencies to take a “hard look” at greenhouse gas (“GHG”) emissions makes perfect sense because many federal actions directly or indirectly contribute to GHG emissions. Since 1990, in City of Los Angeles v. NHTSA,6 plaintiffs have used NEPA, successfully and unsuccessfully, to challenge federal actions that might have an impact on the global climate.

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Published

2011-01-15

Issue

Vol. 5 (2011): Volume 5, Issue 1: Winter 2011

Section

Articles

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