The Study of Environmental Law

The general study of environmental law involves a mix of federal, state, and local regulations. Prior to the 1960's, regulations addressing environmental protection were scare. The establishment of the United States Environmental Protection Agency ("EPA") and President Nixon's passage of the National Environmental Policy Act ("NEPA") began the federal government's initiative to establish the framework for environmental protection in the United States. Following the lead of NEPA, several subsequent acts and regulations were crafted to advance the purpose of NEPA, all of which make up the environmental regulatory scheme in use today. 

The National Environmental Policy Act of 1969 ("NEPA") 

NEPA was signed into law on January 1, 1970. This Act is codified in 42 U.S.C. §§ 4321-4347 and 40 C.F.R. §§ 1500-1508. The Act requires federal agencies to assess the environmental, social, and economic effects of their proposed actions prior to making decisions regarding a broad range of federal actions such as: making decisions on permit applications, adopting federal land management actions, and constructing highways and other publicly-owned facilities. 

Purpose of NEPA

NEPA was one of the first laws written establish the national framework for protecting the environment. The basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment.

NEPA was further intended 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; and to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.