NEPA, the ESA, and the Tradeoffs of Interagency Coordination
Chapter 5 IN: Reorganizing Government; A Functional and Dimensional Framework by Alejandro Camacho and Robert Glicksman, New York University Press, 2019.)
Posted: 8 Apr 2020
Date Written: April 7, 2020
Abstract
An analysis of the National Environmental Policy Act (NEPA) comparing it to analogous provisions in the Endangered Species Act (ESA) illustrates the value of a careful exploration of interagency coordination-not only the choices that exist for policymakers in deciding the extent to which regulatory authority should be coordinated, but also how policymakers should assess such allocations on a function-by-function basis. Both statutes rely on mechanisms for coordinating certain functions of federal agencies. The chapter argues that NEPA would likely have been more effective if it had extended coordination obligations to information distribution, compliance monitoring, and possibly even project implementation. It suggests that the ESA illustrates one form that formal interagency coordination of implementation and post-decision monitoring might take. The chapter ultimately argues that policymakers should consider the tradeoffs of interagency coordination and independence on a function-by-function basis.
Keywords: National Environmental Policy Act, compliance monitoring, coordination, Endangered Species Act, information distribution, interagency coordination, project implementation
Suggested Citation: Suggested Citation
Robert L. Glicksman
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)
HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085