Summary of the National Environmental Policy Act and Implementing Regulations - Environmental Impact Analysis: Process and Methods - page 13

element for environmental advocates; avoided strong opposition by private
concerns; did not usurp authority and mission of federal agencies, and laid
the foundation for the evolution of a very strong national environmental pro-
tection strategy. The warm feeling element was a national policy statement
in both the Purpose (Sec. 2) and Title I (Sec. 101) of the NEPA: (42 U.S.C.
§4321 et seq.): “ The Congress, recognizing the profound impact of man's activity on
the interrelations of all components of the natural environment… and recognizing
further the critical importance of restoring and maintain environmental quality to
the overall welfare and development of man, declares that it is the continuing policy
of the Federal Government, in cooperation with State and local governments, and
other concerned public and private organization, to use all practicable means and
measures, including financial and technical assistance, in a manner calculated to
foster and promote the general welfare, to create and maintain conditions under
which man and nature can exist in productive harmony , and fulfill the social,
economic, and other requirements of present and future generations of Americans
(emphasis added).”
Who could argue with this statement? The policy subtly acknowledges
that we have not been good environmental stewards without laying the
blame. It also implies it is not too late to change our ways and even reverse
the impact of past sins. It specifically points to cooperation with other juris-
dictions, thus avoiding a state rights issue and includes “private organiza-
tions,” like environmental advocacy groups, as active partners in the policy.
It fosters support for these groups with a commitment to help them finan-
cially as they tackle environmental problems. The policy addresses fears of
an environmental watchdog by emphasizing harmony (i.e., balance) between
environmental, social, and economic concerns.
The Act avoided a constitutional challenge and energized private con-
cern opposition by limiting the actual requirements to actions by the fed-
eral government. Specifically (42 U.S.C. 4332 Sec. 102) “ …all agencies of the
Federal Government shall: (A) utilize a systematic, interdisciplinary approach… in
planning and in decision making which may have an impact on man's environment;
… (C) include in every recommendation or report on proposals for legislation and
other major Federal actions significantly affecting the quality of the human environ-
ment, a detailed statement by the responsible official on (i) the environmental impact
of the proposed action, … (iii) alternatives to the proposed action…. ” There is no
similar clause, requirement, or indication that actions taken by private con-
cerns or nonfederal government agencies fall under the jurisdiction of NEPA.
The federal agencies work for and under the direction of the president and
Congress, thus placing requirements on the agencies is not a question of leg-
islative authority granted to Congress under the constitution. It is simply a
matter of agencies doing their job, as instructed by their “chain of command.”
The restriction of NEPA to federal agency actions was not as limiting to
environmental protection as it might appear, and the force of NEPA has
increased with time. The number, scope, influence, and size of federal agen-
cies grew immensely beginning with President Franklin D. Roosevelt's