How the National Environmental Policy Act (NEPA) Can Be Thwarted—Possible Corrective Measures

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Abstract
In response to burgeoning public concern for environmental amenities, the National Environmental Policy Act (NEPA) was promulgated. Drafters of the landmark legislation intended that environmental factors would receive equitable consideration when governmental decisions are to be rendered about proposed actions on applications in the industrial sector; i.e., applications by corporations whose proposed projects require Environmental Impact Statements. However, it is possible for applicants to circumvent the spirit and legal intent of the Act to achieve short-term profit-oriented objectives at the expense of environmental quality. In this paper, some approaches for thwarting the Act are addressed in addition to possible measures for correcting shortcomings in the NEPA process.

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