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Fordham Urban Law Journal

National Environmental Policy Act

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Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger Jan 1983

Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger

Fordham Urban Law Journal

Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …


Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning Jan 1977

Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning

Fordham Urban Law Journal

In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …


State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr. Jan 1976

State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA), passed by Congress in 1969, has been called "the broadest and perhaps most important of the recent statutes [which attempt] . . . to control . . . the destructive engine of material progress." Despite such plaudits, NEPA has been the target of much critical legal commentary and the source of much litigation in the federal courts. Considerable controversy has centered on what is considered the core of NEPA: the required filing of an environmental impact statement (EIS) by agencies undertaking "major Federal actions significantly affecting the quality of the human environment . . …