Discussion of “Major Federal Actions” Under NEPA
Abstract
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 plainly define what constitutes
a major Federal action other than to say that “recommendation[s] and report[s] on
proposals” qualify.
This capstone paper will discuss the legislative history, case law, and practical
application of NEPA’s “major Federal action” concept as it has been interpreted by
the Nuclear Regulatory Commission (NRC) and Federal court litigation. This author
is particularly interested in the recent decision by the US Circuit Court of Appeals
for the District of Columbia Circuit which vacated the NRC’s 2010 Waste Confidence
Rule. One of the bases for vacating the rule was the fact that the Court considered
the Waste Confidence Rule a major Federal action under NEPA.
The paper will conclude with a discussion of the appropriateness, under NEPA, of deeming
a policy decision like the Waste Confidence Rule, a major Federal action when the
final Agency action, issuing or renewing a license, relies on a separate and distinct
environmental impact statement (EIS).
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Chazell, Russell E. (2014). Discussion of “Major Federal Actions” Under NEPA. Retrieved from https://hdl.handle.net/10161/8886.Collections
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Rights for Collection: National Environmental Policy Act (NEPA) Education and Certificate Program Capstone Papers
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