ABSTRACT
Federal agencies are granted broad discretionary authority regarding how they choose to integrate National Environmental Policy Act (NEPA) into their planning processes including determining the appropriate strategies, procedures, and analytical methodologies to be used. For instance, an agency has a great degree of latitude in determining the scope and detail of the issues to be reviewed, the scientific methodology and models to be used in the analysis, and the methods required to insure scientific accuracy. Typically, the burden of proof in demonstrating that an agency has failed to comply in an appropriate manner with NEPA does not lie with the agency but with the party challenging the agency.
