ABSTRACT

There is a popular myth in the United States, and perhaps in some quarters throughout the world, that the National Environmental Policy Act (NEPA) of 1969 requires regulatory decision making to accomplish protection of the environment. NEPA has been described as a statute of "Constitutional scope" due to its general language and broad coverage of all national government agencies - even decisions granting foreign aid for construction projects in other countries. A close reading of the statute indicates NEPA is not an environmental regulatory statute. That is, the Act does not prohibit disruption of the environment. Consequently, the foregoing provisions may be viewed as strengthening the hand of those seeking compensation during proceedings for grant of business licenses, but they have not produced successful citizen litigation seeking compensation after environmental damage has occurred. Presidential Regulation 29/1986 included provisions applying environmental impact assessment requirements to existing development facilities.