The NEPA Litigation Guide


Book Description

The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. It identifies key NEPA issues and offers solutions to the challenges faced in practice, including climate change and its relationship to the NEPA process.




Making Bureaucracies Think


Book Description

The central concern of this book is the social intelligence that goes into environmental decisions. Not, what is the 'correct' balance when trade-offs must be made between environmental and economic values? But rather, how can the social thinking necessary for intelligent trade-offs be institutionalized? How, that is, can environmental impacts be recognized beforehand so that less costly trade-offs can be explored, relative risks assessed, and choices made in a manner acceptable to both the public and the government? This book evaluates the first ten years of the Environmental Impact Statement (EIS) process of the 1969 National Environmental Policy Act - in particular, how it has worked inside two federal agencies with important impacts on the environment, the Forest Service and the Army Corps of Engineers. It assesses how successful the EIS process has been in establishing a concern for environmental values in the federal bureaucracy, and how widely applicable the general impact statement approach is in other policy areas.







The National Environmental Policy Act


Book Description

"The National Environmental Policy Act has grown more, not less, important in the decades since its enactment. No one knows more about NEPA than Lynton Caldwell. And no one has a clearer vision of its relevance to our future. Highly recommended." —David W. Orr, Oberlin College What has been achieved since the National Environmental Policy Act was passed in 1969? This book points out where and how NEPA has affected national environmental policy and where and why its intent has been frustrated. The roles of Congress, the President, and the courts in the implementation of NEPA are analyzed. Professor Caldwell also looks at the conflicted state of public opinion regarding the environment and conjectures as to what must be done in order to develop a coherent and sustained policy.




Scherr V. Volpe


Book Description




Public Participation in Environmental Assessment and Decision Making


Book Description

Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.