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Executive Order 12898; National Environmental Policy Act; NEPA; disparate impact; Environmental Impact Statement; EIS; federal projects; federal action; environmental justice; hard look test; hard look doctrine; law
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The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
Journal of Law and Policy
Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in challenging an Environmental …