The National Environmental Policy Act (NEPA) of 1970, generally considered the magna carta of all subsequent federal, state, and local environmental policy, compels federal agencies to consider the effects to the environment of any action they fund, authorize, or carry out. Projects on federal lands or projects using federal funds are subject to a rigorous environmental review process in accordance with the guidelines of the Act.
Each federal agency implements their NEPA obligations differently. Some federal agencies require a detailed environmental review, while other agencies have created blanket permits that allow for streamlined NEPA compliance.
For your project, contact the applicable federal land management agency or funding agency as soon as possible in the development cycle to determine the level of environmental review necessary for your project. NEPA environmental review has the potential to be a long, complex process that may have big consequences to the project schedule.
Prior to the 1960’s, environmental awareness in the US was virtually nonexistent. The Lacey Act of 1900 prohibited illegal plant and animal trade, the Antiquities Act of 1906 preserved national monuments, and the Migratory Bird Treaty Act of 1918 had been passed in response to over-hunting, but the US had no laws targeting the impacts of human-centered activities on the environment, nor did anyone really seem to care.
Then, in the 1960s, following the release of Rachel Carson’s Silent Spring (1962), the Cuyahoga River fire in Ohio (1969), and public backlash from the Interstate Highway System, public concern for the environment heightened. Decades of increased urbanization, industrial expansion, and resource exploitation was putting the continued health of the environment at risk. Following a congressional investigation into federal mismanagement of the country’s environmental resources, NEPA was signed into law by President Nixon on January 1, 1970.
In the Act, Congress stated that “it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures… 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.”
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Specific guidance and instructions on how to implement NEPA are determined by each individual agency. However, in general, NEPA requires each agency to evaluate the effects of the proposed project action to the following resources:
Learn more about NEPA’s policies here >>
Check out the lists below to find out what NEPA issues are commonly encountered by our various industry customers.
Transect’s environmental due diligence platform makes it easy. With NEPA-focused data, regulations, and permits specific to your project, you can quickly identify things like prime farmlands, species habitat, wetlands, cultural resources, contaminated areas, and more with just a few clicks.
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