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Federal Public Land Agency NEPA Authorities: The Current State of Affairs


Abstract During this period of regulatory oscillation, this paper seeks to provide insight into the evolving NEPA process that federal public land agencies must comply with. This paper focuses on federal public land agency NEPA regulations and guidance documents. Section 1 of this paper provides an overview of the NEPA itself, intended to orient the reader to the major requirements of the statute. Section II details the Council of Environmental Quality (CEQ) NEPA regulations, discussing the promulgation of the original NEPA regulations in 1978, the major revisions contained within the Trump Administration's 2020 regulations, and the Biden administrations current regulatory revision effort. Section III focuses on the NEPA authorities of the federal public land management agencies: the Bureau of Land Management (BLM), the U.S. Forest Service (Forest Service), the National Park Service (NPS) and the U.S. Fish and Wildlife Service (FWS). The paper concludes with some final thoughts on the era of NEPA that might be coming next, particularly as federal land management agencies embark on an unpreceded effort to address America's infrastructure.
Authors Temple Stoellinger University of Wyoming
Journal Info RELX Group (Netherlands) | SSRN
Publication Date 4/11/2023
ISSN 1556-5068
TypeKeyword Image article
Open Access closed Closed Access
DOI https://doi.org/10.2139/ssrn.4402883
KeywordsKeyword Image