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16 Nat. Resources J. 243 (1976)
The National Environmental Policy Act: A View of Intent and Practice

handle is hein.journals/narj16 and id is 261 raw text is: THE NATIONAL ENVIRONMENTAL POLICY ACT: A VIEW OF INTENT AND PRACTICE DANIEL A. DREYFUS* and HELEN M. INGRAM** INTRODUCTION Policy performance usually falls short of policy promise. Creative and innovative intentions boldly stated in the preambles of legisla- tion become diluted and deferred in the practical chore of translating what legislatures say into what government does. Causes for the per- formance gap are legion, and any policy which aims at innovative change is bound to face frustration in application. However, the National Environmental Policy Act of 1969 (NEPA)' is an exception to the general rule that the targets and goals of the formulators of policy ebb away as the implementors take over. In NEPA's case, the objectives were expanded during implementation, and the impact of the Act was enhanced beyond initial expectations. Participants in the legislative process did not generally agree that the passage of NEPA would have much positive impact upon public policy. Contemporary documents reveal that the Nixon administra- tion had aggressively opposed enactment of the measure throughout the legislative process, and the President's signature on January 1, 1970, was a belated and lukewarm acquiescence to growing national concern with the environment. Most members of Congress, more- over, probably did not appreciate the potential scope and signif- icance of the measure. The news media and environmental interest groups displayed little appreciation for the portent of the legislation. The New York Times of January 2, 1970, for example, barely noted the new requirement for preparation of environmental impact state- ments, and a headline referred to Senator Henry M. Jackson as Sponsor of Pollution Control Bill. In place of the attrition of commitment which usually occurs in implementation, this article argues that the goals of NEPA have been reinterpreted and in many ways extended beyond those intended by the sponsors. The thousands of column inches of public praise or *Deputy Staff Director for Legislation, Senate Comm. on Interior and Insular Affairs, U.S. Congress. **Associate Professor, Dep't. of Political Science and Director, Institute of Government Research, Univ. of Ariz. 1. 42 U.S.C. § 4321 etseq., 83 Sat. 852 (1970).

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