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A Looming Fracking Explosion: The Inadequate NEPA Cumulative Effects Analysis for the Keystone XL Pipeline

The Keystone XL Pipeline has drawn tremendous media attention over the past seven years as the U.S. Department of State has assessed the Project’s environmental impacts through the NEPA review process. Despite the lengthy process, the...

Carbon Capture and Storage Program’s NEPA Compliance

NEPA is a legal tool that can be used to slow or prevent the development and use of energy in the United States. It is also a tool that can be used to help a federal agency make wise decisions and help prevent actions that damage the...

Uneasy Riders: A Citizen, a Cow, and NEPA

This Article looks at one recurring activity that falls within the purview of the National Environmental Policy Act (NEPA): livestock grazing on arid and semi-arid U.S. Forest Service lands west of the Rockies. The relationship of this...

Making NEPA Work: Rebuilding the World Trade Center

While environmental lawyers recognize that there is no contradiction between meaningful environmental review and timely completion of important public projects, there has been widespread concern that compliance with the National...

A Forest of Objections: The Effort to Drop NEPA Review for National Forest Management Act Plans

Twice in recent years, the U.S. Forest Service has decided it could and should stop conducting environmental review under the National Environmental Policy Act (NEPA) for the long-range management plans it periodically must produce for...

NEPA's Uncertainty Principle in the Federal Legal Scheme Controlling Air Pollution From Motor Vehicles

The need to protect the public from the serious adverse health effects of motor vehicle emissions has been recognized as an important public health goal since the 1960s. Evidence of adverse health effects associated with vehicle...

Federal Permitting Issues Relating to Offshore Wind Energy, Using the Cape Wind Project in Massachusetts as an Illustration

Cape Cod, Massachusetts, may soon become home to something other than quaint towns and peaceful beaches. If a Massachusetts-based company named Cape Wind Associates, LLC (Cape Wind) overcomes various administrative and political hurdles...