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Decision Making in the Environmental Impact Assessment Process
This essay analyzes the decision-making processes used by government agencies to approve or reject projects that have significant impacts on the environment. One may believe that an agency will use a well-defined procedural ...
Circuit-Splitting the Atom: How the Nuclear Regulatory Commission and the Department of Energy Reached Different Conclusions on the Need to Consider Hypothetical Terrorist Attacks under NEPA
This Paper examines possible explanations for the differing policies of the Nuclear Regulatory Commission (NRC), which adopted a "Ninth Circuit only" approach, and the Department of Energy (DOE), which adopted a single nationwide ...
The Role and Use of Programmatic Environmental Impact Statements And Environmental Assessments in Fulfilling NEPA and State Environmental Mandates
The Council on Environmental Quality’s (CEQ’s) regulations in the Code of Federal Regulations (CFR), Title 40, Part 1500 (40 CFR 1500) implement Section 102(2) of the National Environmental Policy Act of 1969, as amended ...
Discussion of “Major Federal Actions” Under NEPA
Section 102(2)(C) of the NEPA statute requires that significant effects to the human environment be documented in “a detailed statement by the responsible official” for “major Federal actions”. The statute itself does not ...