By Hope-Elena Sardella, May, 2019
The National Environmental Policy Act, or most commonly referred to as NEPA, has given the United States citizens a very important piece of leverage. This leverage was skillfully written into the framing of NEPA as the following:
“ ( c ) The Congress recognizes that each person should enjoy a healthful environment and that each person has the responsibility to contribute to the preservation and enhancement of the environment”
(as referenced by Cornell Law School, 2 U.S. Code § 4331, nd)
This seemingly insignificant touch to the end of the NEPA Sec. 101 [42 USC § 4331], holds a powerful key for the public to intervene in matters that would effect the environment. The language of the NEPA was written with the intent to protect the system from itself by allowing the conscious of humans to be the voice for the voiceless earth. Through NEPA the citizens have been given access to partake in disputing the environmental ramifications of federally made decisions, additionally permissions for individuals of the public to attend environmental reviews are outlined within NEPA (Council on Environmental Quality, 2007). Although, many times overlooked, the public’s ability to intervene in matters of environmental concern is crucial from allowing the executive house full executive power in matters of environmental relations. The Council on Environmental Quality (2007), states that every agency of federal nature must comply with NEPA before moving forward with any project (pg. 1, para, 1). Hence the cry for sustained public participation is needed now more then ever to protect our system during a time when environmental law is at its most vulnerable. One significant way the public can hault the approval of a project is primarily during the approval process of a Categorical Exclusion (CE). The Council on Environmental Quality elaborates that when a company or federal agency frequently engages in projects or actions which have determined having no viable effect on the environment, the organization may seek to have this action determined to being safe for the environment and public; in which the continued action would be permitted and would result in CE classification (pg. 10, para. 2). Consequentially, this would permit the companies continued action to require minimal permits and environmental analysis. It’s imperative that the period of time permitted for commentary of the public listed in the Federal Register, to be met with active civic engagement and inquiry.
One of the second most important actions to ensure sustained effort of public participation in NEPA, is through the action of keeping up to date on new public participation forums. Before going on I believe it’s imperative for the reader to understand that just as the designers of NEPA have given the public the ability to intervene, they have also designed a loop hole for themselves which is clearly defined in:
“(b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (§ 1508.9). The agency shall involve environmental agencies, applicants, and the public, to the extent practicable, in preparing assessments required by § 1508.9(a)(1).”
“as references by Cornell Law School, 40 CFR § 1501.4, n.d)
And it is with these finely tuned words “to the extent practicable”, which closes the door on publics ability to have a uniform standard on access to Environmental Assessments (EA). Furthermore this loop hole puts the power back in the establishments hands by allowing discretion to pick and choose what the public may see from the EA (Council on Environmental Quality, 2007, pg. 12, para. 2).
References
40 CFR § 1501.4 – Whether to prepare an environmental impact statement. Cornell Law School.Retrieved from
https://www.law.cornell.edu/cfr/text/40/1501.4
42 U.S. Code § 4331. Congressional declaration of national environmental policy. Cornell Law School. Retrieved from
https://www.law.cornell.edu/uscode/text/42/4331
Council on Environmental Quality, Executive Office of the President. (2007). A citizen’s guide.Retrieved from
Marriott, B. (1997). Environmental impact assessment: A practical guide. New York, NY: McGraw-Hill
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