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The NEPA Litigation Guide

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ISBN: 9781614385172
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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.

Table of Contents


About the Editors

About the Contributors

Chapter 1

The Background and History of NEPA

Nicholas C. Yost

Chapter 2

Range of Proposals Covered by NEPA

John F. Shepherd and Hadassah M. Reimer

Chapter 3

Timing of NEPA Compliance

Karin P. Sheldon

Chapter 4

Programmatic EIS Issues

Jena A. MacLean, Jay C. Johnson, and Alexandra Magill Bromer

Chapter 5

The Alternatives Analysis

Laura Lindley and Kathleen C. Schroder

Chapter 6

Public Participation under NEPA

Joseph Feller

Chapter 7

The Regulations Implementing NEPA

James M. McElfi sh, Jr.

Chapter 8

Litigating NEPA Cases

Andrea Berlowe and Albert M. Ferlo

Chapter 9

NEPA and Climate Change

Mark Squillace and Alexander Hood


Appendix A

National Environmental Policy Act

Appendix B

Council on Environmental Quality Regulations

Appendix C

Forty Most Asked Questions Concerning CEQ’s National Environmental Policy Act Regulations

Table of Cases