Summary of the National Environmental Policy Act and Implementing Regulations - Environmental Impact Analysis: Process and Methods - page 32

a compromise with sister agencies that issue or must concur with the permits
(see Chapter 9 of the topic for an explanation of the relationship between NEPA
and environmental permits). Thus the elevation provision serves as an incen-
tive for agencies to work together to reach mutually acceptable compromises
consistent with NEPA, and CEQ has even acted in advance to defer elevation.
In the case of the U.S. Coast Guard dry cargo residue (DCR) management pro-
gram (see Chapters 5 and 10) where multiple resources, jurisdictions, and agen-
cies were involved, CEQ acted in advance. CEQ requested a presentation by the
U.S. Coast Guard on the status of their rule promulgation addressing discharge
of DCR into the Great Lakes. CEQ also requested their comments on how this
rule promulgation related to similar and simultaneous action by the U.S. EPA.
The system of CEQ using a carrot and stick approach to force federal agencies
to cooperate on environmental issues has worked well and the U.S. Congress
could take a lesson from this approach to resolve conflict and to advance other
national goals similar to the national environmental policy.

2.2.8 Bureaucratic Culture under NEPA

NEPA had another, perhaps unanticipated, consequence that has resulted in sig-
nificantly better environmental decisions and protection associated with federal
actions. NEPA requirements and subsequent court decisions forced agencies
to prepare defensible analysis that could withstand challenges and thus avoid
lengthy and costly delays of redoing inadequate studies and documents. The
agencies quickly realized that hiring environmental professionals to conduct or
oversee NEPA compliance, ecological studies, and environmental documenta-
tion was a major step in producing defensible products and thus withstanding
NEPA challenges. As these environmental professionals became integrated into
the organizations and assumed the responsibilities previously held by long-
term, agency-mission-focused bureaucrats, they gained respect and influence
within the agency. They brought with them an understanding and some level of
commitment to the national policy on the environment expressed in NEPA and
thus brought agency policy, procedures, projects, and decision more in line with
the goals of NEPA and environmental protection in general.

2.3 Summary of CEQ Regulations Implementing NEPA

When NEPA was passed there was little or no experience in environmental
analysis. Also as discussed earlier, in order to reach an acceptable compromise
among government agencies, industrial stakeholders, development interests,
and environmental advocates, the NEPA-specific requirements (Sec. 102)
were intentionally designed to be general and nondirective. Consequently,
the Act gave no specific or detailed direction on how federal agencies
should comply with NEPA, so President Nixon issued Executive Order 11514