The Natural Resources Defense Council held that the Navy's use of "mid-frequency active" (MFA) sonar during training exercises in the waters off southern California caused serious injuries to marine mammals. Using NEPA, environmental groups and individuals were able to secure an injuction from the lower court prohibiting the Navy from using MFA sonar in training exercises. "The injunction required the Navy to shut down MFA sonar when a marine mammal was spotted within 2,200 yardsof a vessel, and to power down sonar by 6 decibels during conditionsknown as 'surface ducting.'" The U.S. Supreme Court held that "the balance of equities and the public interestâ€”which were barely addressed by the District Courtâ€”tip strongly in favor of the Navy" and vacated the injuction.
McCubbins discusses the issue of Congress delegating legislative authority to the executive branch, and particularly the agencies within the executive branch. McCubbins points out that that delegation has been taking place since the 1880s and the likelihood of rolling it back completely is unlikely.
This commentary discusses the views of the American Farm Bureau Federation on NEPA and its concern that NEPA, by paralyzing effective forest management operations, is actually contributing to an increase in "stand replacing" wildfires.
A task force reviewed NEPA implementing practices and procedures in the following areas: technology and information management and security; federal and intergovernmental collaboration; programmatic analyses and subsequent tiered documents; and adaptive management and monitoring.
Eagle focuses on property rights in the piece, but references NEPA on pages 28 and 29 and how Takings Impact Assessment Statutes at the state level could be modeled after NEPA to bolster property rights.
Unsurprisingly, this government study of NEPA, by the government office charged with implementing NEPA, finds NEPA is a success. The study's major critique of NEPA is that agencies do not always properly incorporate the Environmental Impact Statement into their decision-making process.
This report details the impediments that NEPA and other well meaning but poorly coordinated environmental regulations can result in transportation projects spending four to six years complying with regulation before construction can start.
To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.
Task Force on Improving the National Environmental Policy Act - This link is to the CEQ's NEPA Task Force site. The Task Force is charged with reviewing and making recommendations on improving the National Environmental Policy Act (NEPA). The goal is to ensure that the original intent of NEPA - that federal decisions...
The Council on Environmental Quality - NEPA established the Council on Environmental Quality (CEQ), which is charged with the development of implementing regulations and ensuring federal agency compliance with NEPA. In 1978, the CEQ promulgated guidelines to implement NEPA, and in November 1979...
The Association of American Educators (AAE) advances the teaching profession through personal growth, professional development, teacher advocacy and protection, as well as promoting excellence in education so that our members receive the respect, recognition and reward they deserve.