Environmental and Social Risks: ational Environmental Policy

The National Environmental Policy Act (NEPA) and its a((ompanying regulations provide a spectrum of alternative analyti(al pathways for fed eral agendes proposing major actions that might signifkant� impa(t the human environment. Ahhough guidan(e from the President's (oundl on Environmental Quality suggests the dedsion to develop an environmental impact statement (EIS), whkh requires the most rigorous level of analysis, should be based on the likelihood of signifi(ant environmental impacts, findings from an Internet survey with US Forest Servi(e project leaders suggest that the dedsion may mare (omman� be based on pro(ess-related risks, induding the threat of litigation, permived defenSibility in (ourt, and the level of publk and politkal interest in the agency's proposed action. An ana�is of judidal de(isions in NEPA-related litigation reveak that EISs do not appear to be mare defensible than environmental as essments in the (ourts, suggesting that (urrent dedsionmaking about NEPA do(Umentation may be misguided, leading to unne(essary project expenditures and deloys.