Relevant laws

The National Environmental Policy Act of 1969 (NEPA) established national policies and goals for the protection of the environment. The primary objectives of this act are to encourage harmony between people and the environment, to reduce or eliminateA section of Interstate 195 in Anne Arundel County, Maryland damage to the environment, and to enrich the understanding of ecological systems andnatural resources important to the country. The act has been described as the most important and far-reaching environmental and conservation measure ever enacted by Congress. It applies to all federal agencies and to every major federal action these agencies take that significantly affects the quality of the human environment. NEPA requires federal agencies to consider the effects of their proposed actions before proceeding with the actions.

Before NEPA was signed into law, bills had been proposed for several years on the need for the federal government to consider environmental matters in its decision making and in formulating its policies. Members of Congress began to see the need for a comprehensive approach to the environment, one that was capable of anticipating environmentally disruptive activities and avoiding them, rather than merely reacting to episodes of pollution with abatement laws. Congressional committees and subcommittees held hearings and published reports on assessing the environmental effects of technological advances and on establishing a national policy for the environment.

The Supreme Court has described NEPA as having two major purposes:

  • to place upon an agency the obligation of considering every significant aspect of the environmental impact of a proposed action
  • to ensure that the agency will inform the public that it has considered environmental concerns in its decision-making process

The regulations for implementing NEPA are contained in Title 40 of the Code of Federal Regulations. Parts NEPA is applied to any new road construction, such as Interstate 195 shown here1500 through 1508 of this title provide the regulations applicable to, and binding on, all Federal agencies for implementing the procedural provisions of NEPA, as amended, except where compliance would be inconsistent with other statutory requirements. The regulations were issued pursuant to NEPA, the Environmental Quality Improvement Act of 1970 (as amended), Section 309 of the Clean Air Act (as amended), and Protection and Enhancement of Environmental Quality, Executive Order 11514 (as amended by Executive Order 11991). These regulations must be read together with the provisions of NEPA in order to comply with the spirit and letter of the law.

 

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