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1 1 (September 21, 2021)

handle is hein.crs/govegct0001 and id is 1 raw text is: Congressional ______ Research Service Addressing Environmental Justice Through NEPA Updated September 21, 2021 Some Members of Congress and the Biden Administration are exploring how to use the environmental review process under the National Environmental Policy Act (NEPA) to ensure that environmental laws and policies fairly treat and reflect input from all people regardless of race, color, national origin, or income. This principle is commonly referred to as environmental justice. Congress enacted NEPA in 1969 to require federal agencies to assess the environmental effects of proposed federal actions prior to making decisions. Currently, NEPA does not require agencies to consider environmental justice, but some agencies do consider it as part of their NEPA processes as a result of Executive Order 12898, issued in 1994. In its review of NEPA regulations, the Biden Administration plans to consider how to incorporate environmental justice analyses into the NEPA process. Some Members of Congress have also shown an interest in this topic by holding hearings or proposing legislation requiring consideration of environmental justice during agency NEPA process. This Sidebar describes (1) how environmental justice is considered during the NEPA process; (2) how the federal courts have reviewed agency evaluations of the environmental justice effects of proposed projects in their NEPA processes; and (3) considerations for Congress. NEPA and Executive Order 12898 NEPA requires federal agencies to identify and evaluate the impacts of major Federal actions significantly affecting the quality of the human environment. The Supreme Court has explained that NEPA requires agencies to take a hard look at environmental consequences of their proposed actions, consider alternatives, consult with stakeholders, and publicly disseminate their analyses and proposals before taking final action. While NEPA prescribes the process for environmental review, it does not mandate that federal agencies alter their proposed actions because of the review. NEPA also established the Council on Environmental Quality (CEQ), which issues regulations and guidance detailing how federal agencies must implement NEPA. In 2020, under the Trump Administration, CEQ finalized revisions to its 1978 NEPA regulations. In one of several legal challenges to the 2020 NEPA regulations, the Biden Administration has asked a federal court to remand the 2020 Congressional Research Service https://crsreports.congress.gov LSB10590 CRS Legal Sidebar Prepared for Members and Committees of Congress

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