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A Comparison of Three Key Elements of National and Select State Environmental Policy Acts

Published online by Cambridge University Press:  18 August 2005

Diane M. L. Mas
Affiliation:
Fuss & O'Neill, Inc., West Springfield, Massachusetts
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Abstract

Like the National Environmental Policy Act (NEPA), state environmental policy acts are intended to incorporate consideration of environmental impacts into governmental decision making. This article reviews and compares environmental policy acts in Massachusetts, Connecticut, North Carolina, and Washington State with NEPA in order to assess differences between the various policies. The review focuses on three aspects of the national and state environmental policy acts: jurisdiction, documentation of impacts, and public participation. Jurisdiction varies among the states based on what is considered to be a governmental action, but even states with broad jurisdiction lack the ability to directly enforce mitigation or other commitments made in environmental impact assessments. The general features of state impact documentation are similar and are clearly modeled after NEPA; however, the amount of detail required in the documentation varies among states. Public participation requirements are largely discretionary; only two of the states have mechanisms in place that enable the public to require a hearing as part of the process. The use of the Internet for providing public notice is common to all environmental policy acts reviewed here, but it should remain coupled with more traditional forms of public notice to reach the widest possible audience.

Type
Research Article
Copyright
© 2003 National Association of Environmental Professionals

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