Article Analyzes State NEPA's

In an article in this month's ELR,¹ Nicholas C. Yost, Deputy Attorney General in charge of the Environmental Unit of the California Attorney General's office, reviews and analyzes state enactments parallelling NEPA. NEPA, he observes, reversed the pattern by which innovative ideas for environmental legislation are first adopted at the state level and later incorporated into federal law. Here, a novel federal law fathered equivalents in 18 jurisdictions, in most cases by legislation, but in a few states by administrative action.

Mr. Yost examines in detail first the declared policy and goals of the states' "little NEPA's and the extent to which the obligation to follow the state's environmental policy is made binding on state agencies and officials. Next, he analyzes the environmental impact statements which all state NEPAs require, examining their elements and scope. In some states, for example, an EIS is required for the activities of local governments as well as state agencies; in others, local governments are exempted. States also vary in the type of state agency action for which an EIS is required: a permit to a private developer to conduct environmentally harmful actions on privately owned land would necessitate an EIS in some states, but not in others. The author then studies state equivalents of the NEPA requirement that responsible federal officials consult with and obtain the comments of any agency with special responsibilities or expertise on the particular issue.

Last, Mr. Yost examines "state legislative departures from NEPA." He focuses primarily on the California Environmental Quality Act, as it was passed originally, interpreted by the courts, and subsequently amended. The author concludes that state "little NEPAs" are an important part of the original conception of NEPA, destined to have as significant an effect as the parent act on the national effort to preserve the environment. Readers of Mr. Yost's article will find useful the following chart of state NEPA equivalents, which updates the chart appearing at 2 ELR 10177.²

*4*States Enact Environmental

*4*Protection Measures

*4*(Round Two)

Legislation

Constitutional patterned EIS

State Provisions on the Michigan Act Requirements

Arizona Game and Fish

Commission Policy of

July 2, 1971

California Cal. Code Civ. Pro. Cal. Pub. Res. Code

§ 389.6 and § 641.2 §§ 21000 et

(Supp. 1972); Cal. seq. (Supp. 1972)

Gov't Code §§ 12600

et seq.

Connecticut Conn. Gen. Stat. Pub. Act. No.

§§ 22a-1 et seq. 73-562, approved

(Supp. 1972-73) June 22, 1973; Conn.

Executive Order No.

16 (October 4, 1972)

Delaware Ch. 175, Vol. 58

Laws of Del. (June

28, 1971), adding 7

Del. Code

§§ 7001 et seq.

Florida Fla. Const., Art. Fla. Stat. § 403.412

II, § 7, (effective (Supp. 1971)

Nov. 5, 1968)

Hawaii Hawaii Executive

Order (Aug. 23,

1971)

Illinois Ill. Const., art.

XI, §§ 1-2 (effective

July 1, 1971)

Indiana Ind. Stat. Ann. IC 1971, 13-10-1,

§§ 3-3501 et seq. added by P.L. 98,

(Supp. 1971) 1972, Ind. Stat.

Ann. § 35-5301

et seq.

Maryland Ch. 702, Md. Laws

of 1973

Massachusetts Mass. Const., art. Ch. 732, Acts of Ch. 781, Acts of

97 of the Amendments 1971, amended by Ch. 1972, Ch. 30,

(effective Nov. 7, 219, Acts of 1972 § 61 et seq.

1972)

Michigan Mich. Const., art Mich. Comp. Laws Mich. Executive

IV, § 52, (effective Ann. §§ 691.120 et Directive 1971-10,

Jan. 1, 1964) seq. (Supp. 1971) issued by the

Governor

Minnesota Minn. Stat.

§§ 116B.01 et seq.

(Supp. 1972-73)

Montana Mont. Const., art. R. Code Mont.

II, § 3 (effective §§ 69-6501 et seq.

July 1, 1973) (Supp. 1971)

Nevada Ch. 311, Laws of

1971, N.R.S.

§ 704

New Mexico N.M.S.A. §§ 12-20-1

et seq. (Supp. 1971)

New York N.Y. Const., art.

XIV, § 4 (effective

Jan. 1, 1970)

North Carolina N.C. Const., art. N.C. Gen. Stat.

XIV, § 5 (effec- §§ 113A et seq.

tive July 1, 1973) (Supp. 1971)

Pennsylvania Penn. Const., art.

I, § 7 (effective

May 18, 1971)

Rhode Island R.I. Const., art.

I, § 17 (adopted

Nov. 3, 1970)

South Dakota Ch. 144, S.D. Laws

of 1973

Texas Policy for the

Environment,

adopted

Jan. 1, 1973

Virginia Va. Const., art. Ch. 384, Va. Laws

XI (effective of 1973

July 1, 1971)

Washington Ch. 43.21C, RCW; Ch.

47.04.100

et seq., RCW

Wisconsin Ch. 274, Laws of

1971, adding Wisc.

Stat. §§ 1.11 et

seq., Ch. 273, Laws

of 1971, adding

Wisc. Stat. § 23.11(5)

Puerto Rico 12 Laws P.R. Ann.

§§ 1121 et seq.

(Supp. 1972)

1. Nicholas C. Yost, NEPA's Progeny: State Environmental Policy Acts, 3 ELR 50090 (Aug. 1973).

2. Comment, States Enact Environmental Protection Measures, 2 ELR 10177 (Aug. 1972).