Applicability of NEPA to CERCLA Response Actions

Abstract

The National Environmental Policy Act of 1969 (NEPA) established procedural requirements for federal agencies to evaluate environmental impacts of proposed federal actions. The Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) was established to cleanup sites with hazardous substances. After CERCLA was enacted, questions were raised concerning the applicability NEPA requirements to response actions conducted under CERCLA.

USEPA states USEPA is exempt from the procedural requirements of NEPA while USDOE policy states NEPA is to be followed as much as practicable. USDOJ claims NEPA does not apply to CERCLA response actions.

This paper will examine the position of USEPA and USDOE for applicability of NEPA to CERCLA response actions and how the USDOJ position impacts USEPA and USDOE. Then impact of NEPA requirements to the US Coast Guard CERCLA response actions will be examined.