National Environmental Policy Act (NEPA)

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA…

The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest…

The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s changes to the National Environmental Policy Act (NEPA) regulations by again requiring federal…

Heralded in 1970 as the nation’s environmental Magna Carta, the National Environmental Policy Act’s (NEPA’s) luster seems faded and its future uncertain. While Trump Administration initiatives…

The National Environmental Policy Act (NEPA) plays a crucial role in the authorization and approval of more development projects than any other federal law. Proponents believe NEPA protects…

One of the most important and transformative mechanisms the U.S. Congress has ever created to protect the environment is under assault from the Donald Trump Administration. The National…

NEPA is not about my agenda or your agenda. It is about solutions that work for all of us. This Comment offers a litmus test. The first section explains the promise NEPA makes to each of us,…

Editors' Summary

 

The debate between Justices Scalia and Breyer during oral argument in Winter v. NRDC examines whether an NEPA violation constitutes irreparable harm for the…

The timing of environmental analysis and judicial review presents critical issues of interpretation under the National Environmental Policy Act (NEPA). Courts must be able to review an agency's…

A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank." The "deposits" in this unusual bank are conservation credits…