1、 https:/crsreports.congress.gov September 22, 2021National Environmental Policy Act: Judicial Review and RemediesAccording to the U.S. Department of Justice, the National Environmental Policy Act of 1969 (NEPA) is the most frequently litigated federal environmental statute. A 2020 study estimated th
2、at, between 2001 and 2013, plaintiffs challenged 1 in 450 agency actions taken to comply with NEPA, with an average of 115 NEPA cases annually. Although NEPA does not provide for judicial review, courts allow challenges under the Administrative Procedure Act (APA). This In Focus describes how the fe
3、deral courts have interpreted and limited the availability of judicial review for claims against federal agencies and established remedies for successful claims. Background NEPA requires federal agencies to analyze the impacts of proposed “major Federal actions significantly affecting the quality of
4、 the human environment.” 42 U.S.C. 4332(2)(C). This requirement serves the dual purpose of informing the agency decisionmaking process, although not demanding agencies to change their proposed actions, and informing the public of a proposed actions effects. The level of analysis required depends on
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