ABSTRACT
This chapter outlines some basic legal principles and their application to litigation for bringing suits based on the National Environmental Policy Act (NEPA). These topics are considered in terms of preparing both environmental assessments (EAs) and environmental impact statements (EISs), although the principal focus is on the EA. As stated in previous chapters of this book, lawsuits and the threat of lawsuits are the primary drivers forcing agencies to comply with NEPA. Unlike many other environmental laws in the United States, neither the U.S. Environmental Protection Agency (EPA) nor any other single agency has primary enforcement authority under NEPA. Instead, each federal agency whose actions are covered under NEPA is responsible for self-enforcement. Not all decision makers in all covered federal agencies welcome their responsibilities imposed by NEPA. Often, lawsuits or the threat of lawsuits are the only barrier to skipping, short-cutting, or improperly carrying out the requirements of NEPA.
