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In Praise of Dan Mandelker's NEPA Wisdom
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Journal Article
In Praise of Dan Mandelker's NEPA Wisdom
2023
Overview
\"8 NEPA is designed to ensure that federal agencies \"stop and think\" about the potential impacts of their decisions on the natural environment and publicly disclose the results of those deliberations.9 The statute's principal mandate is the obligation of every federal agency to prepare an environmental impact statement (EIS) to accompany a proposal for \"major Federal actions significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ), which NEPA created to oversee implementation of the statute by other federal agencies,12 has credited the Act with playing an important role in improving the environmental performance of the federal government. \"16 He interpreted two then-recent Supreme Court decisions,17 notwithstanding the defeats they handed to environmental public interest litigants, as \"a clear endorsement of [NEPA's] objectives and purposes,\" and as a caution to courts \"to take their judicial review powers seriously. \"22 The next year, as part of a symposium held at the Washington University School of Law on New Directions in Environmental Law, Mandelker offered a somewhat more sobering assessment of NEPA.23 He pointed out that the recognition that environmental systems are \"complex, dynamic, nonlinear, and mutually [interdependent]\" made the process of environmental prediction that is at NEPA's core more difficult than its framers had anticipated.24 He added that \"[a] statute and its regulations that assumed a more predictive and less complicated environment do not work well in an environment that has multiple ecological dimensions where change is not easily measured.
Publisher
American Bar Association
Subject
