Why a strong National Environmental Policy Act is so important
New federal ruling undoes the efficient, science-backed decision-making process established in the NEPA
Passed in 1970, the National Environmental Policy Act (NEPA) requires U.S. federal agencies to assess the environmental impacts of their proposed actions prior to implementing them. To facilitate this, and to ensure decisionmaking is uniform across government agencies, the law stipulates regulations around the process for conducting these impact assessments. A March ruling from the Council of Environmental Quality (CEQ) removes these regulations, opening up the possibility for regulatory confusion and inconsistency between agencies that ultimately lessens the effectiveness of environmental protections.
Woodwell Climate Research Center submitted a public comment on the ruling, criticizing the move for its potential to hinder coherent decisionmaking based on rigorous science. The comment states:
“NEPA reviews are not an impediment to “major federal actions” but provide an essential, science-based safeguard for ensuring that decisionmaking adequately balances a myriad of interests. This balance is especially critical in areas of the United States where increasingly frequent natural disturbances and extreme events threaten to derail the durability of a proposed federal action.”
The comment speaks to the effectiveness of the existing environmental review process, especially for decisionmaking in Alaska, where construction projects were guided to consider the impacts of permafrost thaw and erosion as part of hydrological and ground assessments, and in forest management plans, where the NEPA review process ensures management strategies are scrutinized with empirical data.
The ruling is considered “interim final” which means it can be put into effect before comments have been considered and is not dependent on public input. Despite this, engaging in the rulemaking process is one critical way Woodwell Climate contributes to environmental policy. It ensures that technical expertise is part of the public record, and provides evidence that can be used in court cases should the ruling or any action based on it be challenged in the future.
The full comment can be read here.
