Your children and mine need you and me to give ten minutes of our time today to support the National Environmental Policy Act of 1969. Read on to find out why.
The National Environmental Policy Act (NEPA) is one of the most, if not the most, important pieces of environmental legislation ever enacted by the U.S. Congress—so far. President Richard Nixon signed NEPA into law on January 1, 1970. Fifty years later, instead of celebrating and upholding this landmark legislation, the Trump Administration is doing everything it can to undo NEPA’s protections for people and the environment.
Before the National Environmental Policy Act, there were no national environmental laws. If you think the environment is messed up now, imagine what was going on fifty years ago when there were no restraints. Pollution was spewed into the air and water at will, pesticides were routinely sprayed everywhere, and entire ecosystems were bulldozed without a thought to make way for freeways and suburbs.
Fortunately, for those of us living in the U.S. today, during the 1960s and 1970s millions of Americans called and wrote to their members of Congress and millions more took to the streets demanding a stop to the environmental degradation that was endangering the health and wellbeing of themselves, their families, and the nonhuman beings sharing the country.
Apparently, back then, Congress actually worked for the people they represented so they listened and then acted. President Nixon, no fan of government regulation himself, got on board.
Nixon established two environmentally-related federal agencies, the Environmental Protection Agency and the National Oceanic and Atmospheric Administration.
Some of the far-reaching environmental legislation enacted by Congress and signed into law by Nixon during the 1970s included the Clean Air Act, Clean Water Act, Endangered Species Act, Toxic Substances Control Act, and Safe Drinking Water Act.
Now that you have a little background (or perhaps were reminded of stuff you already knew) about the environmental situation that led to the National Environmental Policy Act, let’s talk about the Act.
The National Environmental Policy Act of 1969 (Public Law 91-190) is a 4 ½ page document that was probably prepared using a typewriter. The purpose of the Act was to declare a national environmental policy and to establish a Council on Environmental Quality to advise the president and oversee the regulatory process.
An Excerpt from the Law
Congress lays out its rather human-centric reasons and goals in Section 101. You will not see the words global warming or climate change, but it seems clear Congress understood that humans were changing the environment and not in a good way. They knew that people needed to change and live in harmony with the rest of nature for the benefit of the people living fifty years ago and the people who would come after them.
This part is important so it is worth reading (a couple of times if needed).
Sec. 101 (a) The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
(b) In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
(1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
NEPA requires federal agencies to consider the environmental impact of their proposed actions and projects as part of their decision-making process.
By law, these agencies must use a systematic interdisciplinary approach for evaluating impacts and alternatives. At various points in the process, they are required to make information available to the public and to allow the public to comment on it. This enables the federal government to obtain information and expertise from the public and ensures that the people have a voice in projects that may affect their lives and the lives of their children and grandchildren.
Council on Environmental Quality
The Council on Environmental Quality is a 3-person committee whose members are appointed by the president. Per NEPA their responsibilities include advising the president on the environment, formulating policies, and preparing the president’s annual report on the environment. This report was eliminated in 1997 after Congress passed the Federal Reports Elimination and Sunset Act to reduce government paperwork.
If you are interested in learning about how NEPA works, click here for an easy to read overview prepared by ProtectNEPA.org (a coalition of nonprofits). The Council on Environmental Quality website contains useful information, too.
Hopefully, at this point, you have a basic understanding of NEPA and why it is so critically important to the health and wellbeing of people and the environment.
Next, let’s talk about why you and I need to take time out of our busy schedules today to support NEPA.
Call to Action – Support NEPA
Article II of the U.S. Constitution covers the executive powers of the president. Section 3 states “…he shall take Care that the Laws be faithfully executed…”
The current president, Trump, is deliberately undermining and destroying regulations and policies put in place to carry out the laws enacted by Congress to protect the American people. He uses the economy as a shield for his actions intentionally ignoring the fact that a healthy environment is a critical part of the economy.
On January 1, 2020, the fiftieth anniversary of the National Environmental Policy Act, Trump made it clear that he is willfully and proudly attacking this law.
“Moreover, my Administration is delivering on my promise to continue cutting burdensome regulations and has issued almost eight deregulatory actions for every one new regulation imposed over the past 3 years, helping unleash the full potential of America’s economy.”Donald J. Trump, Presidential Message on the 50th Anniversary of the National Environmental Policy Act, 01/01/20
At Trump’s request, the Council on Environmental Quality has been working on developing revised regulations for implementing NEPA. They issued their proposed changes via the Federal Register on January 10, 2020, under the guise of modernizing and clarifying the regulations.
Docket ID: CEQ-2019-0003 Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act. Click here for the docket folder.
It is a lengthy document.
Some proposed changes make sense like eliminating mandatory distribution of printed documents since everything is available electronically nowadays.
However, other proposed changes will endanger the public and the environment. This includes narrowing the range of actions and projects that would require NEPA review, eliminating the requirement to evaluate cumulative effects like climate change, and removing conflict-of-interest protections, to name a few.
Make a Public Comment
The Council on Environmental Quality is accepting public comments through March 10, 2020, at 11:59 PM ET.
Please take a few minutes to make a public comment (anonymously if you chose) telling the Council that you do not believe that their proposed changes are in the best interest of the American people or the environment. Click here to make your comment.
If you are interested in reading my comment, click here.
Featured Image at Top
The partially submerged Statue of Liberty is shown in heavy seas with the New York City skyline in the background – photo credit iStock/jcrosemann.
- A Tale of Three Public Meetings
- Civil Rights and the Climate Crisis
- Clean Air Act – In Brief
- Clean Water Act Proposed Rule – Add Your Support
- Clean Water Laws – Prior to Safe Drinking Water Act of 1974
- Endangered Species Act and Biodiversity
- Energy Policy Act of 2005 – Fracking and Drinking Water
- Find it in the Federal Register – Government Transparency
- Green New Deal for the 21st Century
- Implications of U.S. Leaving the Paris Climate Agreement
- Make Your Voice Heard on Regulations.gov
- Safe Drinking Water Act of 1974 and Beyond
- CEQ NEPA Regulations – U.S. Council on Environmental Quality
- Environmental History Timeline: Sixties 1960-69 – compiled by Professor William (Bill) Kovarik, Ph.D.
- Environmental Movement of the United States – Wikipedia
- Industry groups urge White House to finish overhauling U.S. environmental review process – by Valerie Volcovici, Reuters, 11/22/19
- National Environmental Policy Act – U.S. Council on Environmental Quality
- National Environmental Policy Act – U.S. Environmental Protection Agency
- NEPA Modernization – U.S. Council on Environmental Quality
- Proposed NEPA Rule Changes – by Sharon Buccino, NRDC, 02/24/20
- Protect NEPA (nonprofit coalition)
- The Trump Administration Is Poised to Gut Environmental Review. What’s at Stake? – by Sally Hardin and Claire Moser, ProtectNEPA, 12/11/19
- Trump Administration Proposes Sweeping Reforms to National Environmental Policy Act Requirements for Federal Agencies – by Lisa Rushton, The National Law Review, 02/24/20
- Trump Rule Would Exclude Climate Change in Infrastructure Planning – by Lisa Friedman, The New York Times, 01/03/20
- Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act – U.S. Federal Register/Vol. 85, No. 7/Friday, January 10, 2020