National Environmental Policy Act of 1969
Published on Jan 22, 2016
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PRESENTATION OUTLINE
The National Environmental Policy Act (NEPA) was one of the first laws ever written that establishes the broad national structure for protecting our environment.
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NEPA's basic policy is to assure that all branches of government give proper consideration to the environment before undertaking any major federal action that significantly affects the environment.
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Steps to being put forth
- Passed in the Senate December 20, 1969
- Passed in the House December 22, 1969
- Signed into law on January 1, 1970
- Signed by President Richard M. Nixon (1913-1994)
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Related Ammendment
Article I, Section 27 of our state constitution--the Environmental Rights Amendment:
"The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment."
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The Constitution contains a number of sections that are relevant to the environment.
The environmental right - Section 24
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Section 24 places a duty on all spheres of government to take reasonable steps, including to make laws, prevent pollution, promote conservation and ensure sustainable development.
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An environmental impact statement (EIS), under United States environmental law, is a document required by the National Environmental Policy Act (NEPA) for certain actions "significantly affecting the quality of the human environment".
GOVERNMENT OF THE PROVINCE OF
MANITOBA vs. KEN SALAZAR, Secretary, United States Department of the Interior
The Northwest Area Water Supply Project (NAWS) is a joint venture between the governments of the United States and the State
of North Dakota, designed to withdraw water from Lake Sakakawea, a reservoir on the Missouri
River, and transfer it across the continental divide in a 45-mile-long pipeline for use in Minot, North
Dakota. The Province of Manitoba, Canada, sued the Secretary of the
Department of the Interior in 2002, alleging that an April 30, 2001 Environmental Assessment and a
September 10, 2001 Finding of No Significant Impact regarding the
Project violated the National Environmental Policy Act.
The source of this protracted dispute is the Northwest Area The Northwest Area Water Supply Project (NAWS) is a joint venture between the governments of the United States and the State
of North Dakota, designed to withdraw water from Lake Sakakawea, a reservoir on the Missouri
River, and transfer it across the continental divide in a 45-mile-long pipeline for use in Minot, North
Dakota. The Province of Manitoba, Canada, sued the Secretary of the
Department of the Interior in 2002, alleging that an April 30, 2001 Environmental Assessment (“EA”) and a
September 10, 2001 Finding of No Significant Impact (“FONSI”) issued in connection with the
Project violated the National Environmental Policy Act. (“NEPA”), 42 U.S.C. § 4321 et seq. North
Dakota intervened as a Defendant. Manitoba argued, inter alia, that Reclamation was arbitrary and
capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A), because it failed 1
of North Dakota, designed to withdraw water from Lake Sakakawea, a reservoir on the Missouri
River, and transfer it across the continental divide in a 45-mile-long pipeline for use in Minot, North
Dakota. The Province of Manitoba, Canada, sued the Secretary of the
Department of the Interior in 2002, alleging that an April 30, 2001 Environmental Assessment (“EA”) and a
September 10, 2001 Finding of No Significant Impact (“FONSI”) issued in connection with the
Project violated the National Environmental Policy Act. (“NEPA”), 42 U.S.C. § 4321 et seq. North
Dakota intervened as a Defendant. Manitoba argued, inter alia, that Reclamation was arbitrary and
capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A), because it failed 1
