NEPA and Liberty, Now and Forever

July 2009
Citation:
39
ELR 10629
Issue
7
Author
James M. McElfish, Jr.

The National Environmental Policy Act (NEPA) is as American as it gets. It was invented here, and far from being just an environmental review law (as so many imitators are around the globe), it reflects core ideas about how government should relate to citizens, and citizens to their government.

I. NEPA Is the One Law That Doesn't Presume That Government Has All the Answers

NEPA makes it clear that our government works for us. And sometimes we know better (or a little better) than the many dedicated public servants and experts who, we hope, are doing their best for us.

NEPA and its implementing regulations require the federal government to consider the recommendations and knowledge of citizens, companies, institutions, government entities, and others who have reasonable solutions or alternative approaches that may work better. NEPA requires the government to review, understand, and address environmental issues and alternatives that its own employees or political appointees may have overlooked. It requires the agencies to seek out and encourage public awareness of actions, and engage them in the process.

James M. McElfish Jr. is a senior attorney at the Environmental Law Institute.
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