Transportation Alternatives
National Environmental Protection Act (NEPA) of 1970 (42 U.S.C. § 4321, et seq.)
The National Environmental Protection Act (NEPA): went into effect 1970. Establishes requirement for project environmental impact statements. Gives agencies a "checklist" of things to assess and a mandate to "consider" these. NEPA does not establish what should be decided by an agency based on the report. See specifically 42 U.S.C.S. § 4332(2)(C)(iii).
References
10 Envt'l Lit. & Toxic Torts Com. Nwsltr. 8 (2008)
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Link to the case: https://casetext.com/case/audubon-naturalist-s-of-central-atl-st
Link to the United States Code (2023 Edition): https://www.govinfo.gov/content/pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap55.pdf
Please note that the following paragraph was written by a student.
The Audubon Society challenged proposed highway project, the Intercounty Connector ("ICC") which connects I-95/US1 in Prince George County, MD and 1-270 in Montgomery County, MD. The plaintiffs alleged three claims against the defendants: (1) that the defendants narrowly constructed the "Purpose and Need" statement as to exclude reasonable alternatives, (2) that the defendants failed to consider reasonable alternatives, including alternatives presented by the plaintiffs, and (3) that the defendants failed to consider and study adverse environmental impacts. Applying a "rule of reason" standard, which allows for a deferential review of an agency's compliance with the NEPA requirements, the district court found for the defendants, stating that there was no legal or equitable basis to prevent the ICC from moving forward.