National Environmental Policy Act of 1969

42 USC 4321 et seq.; P.L. 91-190'; 83 Stat. 852; January 1, 1970

Historical Context:

The late 1960s were a period of heightened environmental awareness and activism in the United States. Several high-profile environmental disasters, such as the 1969 Santa Barbara oil spill and the 1969 Cuyahoga River fire, drew national attention to the need for stronger environmental protections. In addition, a growing body of scientific research was demonstrating the harmful effects of pollution on human health and the environment. Against this backdrop, President Nixon signed NEPA into law on January 1, 1970. NEPA was the first major federal environmental law and reflected a growing consensus among policymakers and the public that environmental protection should be a national priority.

Regulatory Structure:

NEPA is a procedural law that requires federal agencies to consider the environmental impacts of their proposed actions before making decisions. NEPA applies to all major federal actions, including projects funded, licensed, or approved by federal agencies. The law requires federal agencies to prepare an environmental impact statement (EIS) for any proposed action that may significantly affect the quality of the human environment. The EIS must analyze the environmental impacts of the proposed action and any reasonable alternatives, and must be made available for public review and comment. NEPA also requires federal agencies to prepare a less detailed environmental assessment (EA) for actions that may have less significant environmental impacts. The EA determines whether an EIS is necessary or if the proposed action can be approved with a less detailed environmental review. NEPA does not mandate specific environmental outcomes or require federal agencies to choose the least environmentally harmful alternative, but rather seeks to ensure that environmental considerations are integrated into federal decision-making.

Major Amendments to the National Environmental Policy Act of 1969

There have been several amendments to the National Environmental Policy Act of 1969 (NEPA) since its enactment in 1970. In 1975, Congress amended NEPA with the Energy Policy and Conservation Act (December 22, 1975, P.L. 94-163), which exempted certain energy-related actions from NEPA review. In 1978, Congress passed the Surface Mining Control and Reclamation Act (August 3, 1977, P.L. 95-87), which required the Office of Surface Mining to develop environmental standards and review plans for surface mining operations. In 1982, Congress amended NEPA with the Nuclear Waste Policy Act (January 7, 1983, P.L. 97-425), which required the Department of Energy to prepare an environmental impact statement for any site selected for a high-level radioactive waste repository. In 1992, Congress passed the Transportation Equity Act for the 21st Century (June 9, 1998, P.L. 105-178), which established a streamlined process for environmental reviews of transportation projects. In 2005, Congress passed the Safe, Accountable, Flexible, Efficient Transportation Equity Act (August 10, 2005, 109-59), which further streamlined the environmental review process for transportation projects.

With the enactment of the Fiscal Responsibility Act of 2023 (P.L. 188-5) on June 3, 2023, this is the first major amendment to NEPA in its +50-year history with no debate and no public input – this was merely a bargaining chip between the two parties and will likely not be amended again for some time with our currently non-bipartisan Congress).