Nepa and Environmental Justice: Integration, Implementation, and Judicial Review

Boston College Environmental Affairs Law Review, Vol. 33, pp. 601, 2006

26 Pages Posted: 9 Mar 2010 Last revised: 24 Jun 2014

See all articles by Uma Outka

Uma Outka

University of Kansas - School of Law

Date Written: 2006

Abstract

The purpose of the National Environmental Policy Act (NEPA) is to assure "for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings," a goal that is essential to environmental justice. Although NEPA provides the structure for federal environmental decisionmaking, is it effective as a tool for addressing environmental justice concerns? This Essay addresses NEPA's limitations and potential for this purpose, and assesses the role of case law and judicial review in shaping this integrative process. To do so, it considers the environmental justice implications of NEPA's structural gaps--including exemptions, categorical exclusions, and so-called "functional equivalents" - and evaluates judicial review of agencies' environmental justice analyses to date.

Keywords: NEPA, environmental justice, categorical exclusion

Suggested Citation

Outka, Uma, Nepa and Environmental Justice: Integration, Implementation, and Judicial Review (2006). Boston College Environmental Affairs Law Review, Vol. 33, pp. 601, 2006, Available at SSRN: https://ssrn.com/abstract=1559183

Uma Outka (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

HOME PAGE: http://law.ku.edu/faculty/uma-outka

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