Thirty-seven years after the National Environmental Policy Act (NEPA)
was passed, it should come as no surprise that the United States Congress,
the President, federal agencies, and private industry have unleashed a
major effort to streamline, update, or “reform” the NEPA
process. Many of the major stakeholders, even including some environmental
interests, believe that NEPA has failed to reach its objectives. Recent
Congressional actions or proposals to expand exemptions from NEPA for
certain projects, compress environmental review time, and even delegate
NEPA compliance to the states are seen by NEPA supporters as overreactions
that could eviscerate the Act's purposes and objectives. This article
analyzes some of the benefits and risks of “environmental
streamlining,” which apply not only to NEPA but also to
investigations and reviews required by federal or state agencies
responsible for compliance with other environmental laws. The focus is on
recent federal legislation, Congressional proposals, Council on
Environmental Quality (CEQ) initiatives, and actions of selected federal
agencies.
Environmental Practice 9:83–95 (2007)