NEPA: the Original Intent of the Law

Abstract

The profound impact of the National Environmental Policy Act of 1969 (NEPA) has resulted in arguments about the original intent of Congress in enacting the legislation. The greatest controversy surrounds the requirements of the Act for environmental impact statements (EISs). Although there is no definitive explanation of intent beyond the sparse words of the Act, some of the general expectations of the Congress are evident. The nature of the EIS has been shaped by forces in society which could not be.foreseen by the drafters of the Act. The EIS has been expanded to a general public documentation of a decision. The EIS process also has become a means of subsidizing general environmental data collection and research. The EIS process could be greatly revised and simplified within the original intent of NEPA and without amending the Act.