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Judicial Review under NEPA -- Lessons for Users of Various Approaches to Environmental Impact Assessment.

Richard A. Liroff

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Abstract

A review of judicial guidance based on the National Environmental Policy Act (NEPA) was conducted relative to several key aspects of the use of various approaches to environmental impact assessment. Specifically, judicial guidance was summarized on (a) treatment of conflicting professional opinions in environmental impact statements, (b) documentation of the planning and decisionmaking process, (c) quantification of environmental impacts, (d) consideration of alternatives in environmental impact statements, and (e) the composition and operation of interdisciplinary teams conducting environmental assessments. In addition to discussions of the boundaries of judicial review relative to each of the five specific topics, NEPA itself is discussed, and recommendations for users of various environmental analysis approaches are made. (Author)

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A review of judicial guidance based on the National Environmental Policy Act (NEPA) was conducted relative to several key aspects of the use of various approaches to environmental impact assessment. Specifically, judicial guidance was summarized on (a) treatment of conflicting professional opinions in environmental impact statements, (b) documentation of the planning and decisionmaking process, (c) quantification of environmental impacts, (d) consideration of alternatives in environmental impact statements, and (e) the composition and operation of interdisciplinary teams conducting environmental assessments. In addition to discussions of the boundaries of judicial review relative to each of the five specific topics, NEPA itself is discussed, and recommendations for users of various environmental analysis approaches are made. (Author)

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Available abstract

A review of judicial guidance based on the National Environmental Policy Act (NEPA) was conducted relative to several key aspects of the use of various approaches to environmental impact assessment. Specifically, judicial guidance was summarized on (a) treatment of conflicting professional opinions in environmental impact statements, (b) documentation of the planning and decisionmaking process, (c) quantification of environmental impacts, (d) consideration of alternatives in environmental impact statements, and (e) the composition and operation of interdisciplinary teams conducting environmental assessments. In addition to discussions of the boundaries of judicial review relative to each of the five specific topics, NEPA itself is discussed, and recommendations for users of various environmental analysis approaches are made. (Author)

Key concepts: National Environmental Policy Act, Environmental impact statement, Environmental impact assessment, Documentation, Environmental planning, Judicial review, Process (computing), Environmental policy

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