NEPA in an Age of Terrorism

The direct and indirect effects of the events of September 11, 2001, are widespread. One of the lesser-known indirect effects is a perceptible shift in federal agency compliance with the National Environmental Policy Act (NEPA). To avoid the dissemination of information thought to be of use to potential terrorists, some federal agencies have acted to limit the availability of NEPA documents after they have been released. Others have removed information deemed to be “sensitive” from NEPA documents prior to their public release. Still others have doubted the need for NEPA documents in particular circumstances, given “national security” implications. This article reviews the legal requirements regarding public disclosure of NEPA documents and the application of NEPA to actions involving national security, including the application of NEPA in emergency situations. In the author's view, actions other than full compliance with the terms of current regulations are not only ineffective, but also shortsighted.