The NEPA Litigation Guide
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The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. The NEPA Litigation Guide takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. Written by experienced practitioners and scholars, this comprehensive guide identifies key NEPA issues and offers solutions to the challenges faced in practice.
This revised second edition includes a new chapter on climate change and its relationship to the NEPA process; the updated chapters highlight recent cases and provide information on new policies, such as monitoring and mitigation, from the Council on Environmental Quality (CEQ), the body created by the statute to provide guidance and oversight to other federal agencies on NEPA compliance.
Throughout the book, experts summarize hundreds of key cases involving:
• Procedural or timing questions
• The public participation process
• Alternatives analysis
• Limits of knowledge
• And many more challenging issues
Also included are appendices which include the act itself, CEQ regulations, and the Forty Most Asked Questions plus a table of cases and detailed index to assist in further research.
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Table of contents
About the Editors
About the Contributors
The Background and History of NEPA
Nicholas C. Yost
Range of Proposals Covered by NEPA
John F. Shepherd and Hadassah M. Reimer
Timing of NEPA Compliance
Karin P. Sheldon
Programmatic EIS Issues
Jena A. MacLean, Jay C. Johnson, and Alexandra Magill Bromer
The Alternatives Analysis
Laura Lindley and Kathleen C. Schroder
Public Participation under NEPA
The Regulations Implementing NEPA
James M. McElfi sh, Jr.
Litigating NEPA Cases
Andrea Berlowe and Albert M. Ferlo
NEPA and Climate Change
Mark Squillace and Alexander Hood
National Environmental Policy Act
Council on Environmental Quality Regulations
Forty Most Asked Questions Concerning CEQ’s National Environmental Policy Act Regulations
Table of Cases