Guide to the National Environmental Policy Act: Interpretations, Applications, and Compliance

By Valerie M. Fogleman | Go to book overview

7
State Statutes

7.1 INTRODUCTION

Shortly after NEPA was enacted, states began to enact their own environmental policy acts, frequently known as mini-NEPAs. Some states closely followed NEPA's language, applying the mini-NEPAs to the actions of state, and occasionally local, agencies. 1 Twenty- seven states have statutes that are either based on NEPA, have the same purposes as NEPA, or require procedures similar to those of NEPA. Chapter 7 provides an overview of three state environmental policy statutes and contrasts and compares them with NEPA.

The first statute to be examined is the Michigan Environmental Protection Act. Whereas NEPA is essentially procedural, the Michigan statute has no procedural requirements with which agencies must comply. The Michigan statute applies to private as well as public actions and to ongoing as well as proposed actions, thus contrasting with NEPA, which only applies to proposed federal actions.

The second statute to be examined, the California Environmental Quality Act, was modeled on NEPA but has substantive as well as procedural provisions. It is a detailed statute implemented by detailed guidelines. The influence of NEPA case law and the CEQ regulations is evident in the statute, the guidelines implementing it, and its case law.

Finally, the New York State Environmental Quality Review Act, enacted in 1975, is reviewed. The New York statute, which has substantive and procedural provisions, was modeled on NEPA. Regula

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Guide to the National Environmental Policy Act: Interpretations, Applications, and Compliance
Table of contents

Table of contents

  • Title Page iii
  • Title Page vii
  • Preface xi
  • Acknowledgments xiii
  • Acronyms xv
  • 1 - The National Environmental Policy Act 1
  • 1.1 INTRODUCTION 1
  • Notes 16
  • 2 - Administrative Structure for Implementing Nepa 28
  • Notes 46
  • 3 - Threshold Determinations 56
  • 3.1 INTRODUCTION 56
  • Notes 66
  • 4 - Environmental Assessments 77
  • 4.1 INTRODUCTION 77
  • Notes 95
  • 5 - Environmental Impact Statements 110
  • 5.1 INTRODUCTION 110
  • Notes 142
  • 6 - Nepa Litigation 168
  • 6.1 INTRODUCTION 168
  • Notes 194
  • 7 - State Statutes 213
  • 7.1 INTRODUCTION 213
  • Notes 248
  • Appendix A The National Environmental Policy Act of 1969 249
  • Appendix B The Council on Environmental Quality Regulations 257
  • Bibliography 301
  • Index 305
  • About the Author 311
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