Debunking the Myths Behind the NEPA Review Process

35 Natural Resources & Environment __ (2020)

University of Utah College of Law Research Paper No. 352

11 Pages Posted: 17 Jan 2020 Last revised: 15 Jul 2020

See all articles by John Ruple

John Ruple

University of Utah, S.J. Quinney College of Law

Heather Tanana

University of California, Irvine School of Law; Center for American Indian Health

Date Written: January 15, 2020

Abstract

The National Environmental Policy Act (NEPA) requires major federal actions that significantly affect the quality of the human environment to undergo an environmental review prior to federal authorization or funding. The decision to license or permit a project on federal lands is generally considered a major federal action subject to NEPA review. NEPA’s critics allege that the review process delays federal decision making, unduly impedes development, and results in excessive litigation. These claims, however, are not supported by empirical evidence. Using quantitative analyses we challenge four pervasive myths about NEPA compliance and litigation, and we argue that efforts to “streamline” NEPA are likely to have significant unintended consequences.

Suggested Citation

Ruple, John and Tanana, Heather, Debunking the Myths Behind the NEPA Review Process (January 15, 2020). 35 Natural Resources & Environment __ (2020), University of Utah College of Law Research Paper No. 352, Available at SSRN: https://ssrn.com/abstract=3520212 or http://dx.doi.org/10.2139/ssrn.3520212

John Ruple (Contact Author)

University of Utah, S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-6545 (Phone)

HOME PAGE: http://https://law.utah.edu/research/stegner/

Heather Tanana

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Center for American Indian Health

615 North Wolfe Street
Baltimore, MD 21205
United States

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