NEPA Compliance with Classified Actions

Abstract

In 1970 President Richard M. Nixon signed the National Environmental Policy Act of 1969 (NEPA). As part of the National Environmental Policy Act of 1969, the Council on Environmental Quality (CEQ) was established by Congress ensuring all federal agencies meet their obligations under NEPA. With the enactment of NEPA, all federal agencies are required to submit an environmental impact statement (EIS) which identifies and evaluates all environmental impacts (adverse or beneficial); all effects (direct, indirect or cumulative), and any reasonable alternatives on all federal projects. The EIS shows that all impacts with regard to natural and cultural resources and its effects were evaluated and analyzed to the fullest extent possible and must be made available to the public and other federal agencies for review and comments. This process captures the intent of NEPA and provides the decisionmakers with the best choice. However, with the Global War on Terrorism and heightened National Security issues; how do we complete the NEPA process involving classified projects/materials? Is there any environmental oversight for classified information or is it subjected to an environmental exemption? The following paper discusses complying with the NEPA process with regard to classified projects/materials; the Freedom of Information Act (FOIA) and Presidential exemptions and case law.