A NEPA Wiki

Many NEPA concepts are elaborated in secondary literature, CEQ rules or guidelines, and judicial precedents.  We collect a few of the most common here for easy reference. (Like most wikis, this one is a work in progress: please send along any suggested additions!)

± The Statement of Purpose and NeedWIP

Preparing a NEPA document requires that the action agency define the action’s underlying purposes and “need.” Much of the time, the appropriateness of the choices the NEPA document raises will turn on this first, most basic determination.

± The Administrative Record in NEPA Litigation

Usually when courts review agency action, they are confined to the administrative “record” collected and filed in the matter.  With NEPA, however, that basic rule is often suspended (or even ignored entirely).

± The Finding about Future Impacts

How can we make a “finding” about the future?  With the creation of a “finding of no significant impact” (and especially with its common use today), NEPA practice has mainstreamed a bit of an oxymoron.