Does the Arbitrary and Capricious Standard of Review in NEPA Cases Undermine Citizen Participation?
The National Environmental Policy Act (NEPA), enacted in 1969, requires that agencies of the United States government, or those seeking to use federal funds to construct projects, study the environmental and social impacts of said projects. Under the provisions of NEPA, a first level review must be conducted for all projects, not otherwise exempted. If the entity conducting the review deems that the project will result in a significant impact on humans or the environment, an environmental impact statement (EIS) must be prepared. The decision to prepare an EIS can be controversial due to the fact that the entity charged with preparing the study ultimately makes decisions regarding the necessity of the preparation of the EIS. This paper explains the NEPA review process and the controversy which may result when the entity preparing the EIS does not respond to public concerns that a proposed project has a significant impact on the environment. The legal history of Coliseum Square Associati
