Federal accountability: delegation of responsibility by HUD under NEPA
The National Environmental Policy Act (NEPA) of 1969 is the only statute designed to function as an environmental mandate to all Federal agencies . . . and it states a broad policy that Federal agencies must consider environmental factors as an integral part of their decision-making process. This general mandate has been the object of extensive controversy and commentary. Section 102(2)(C) of NEPA requires preparation of an environmental impact statement (EIS) by the ''responsible official'' prior to ''Federal actions significantly affecting the quality of the human environment.'' One issue presented by this provision is the definition of ''responsible official.'' Since Section 102(2)(C) is directed at ''all agencies of the Federal Government,'' Federal administrators are clearly responsible, at least in some degree, for compliance with this section. Delegation of EIS preparation has been dealt with in several forums. First, extensive litigation culminated in a fundamental disagreement between United States courts of appeals. Second, the delegation issue prompted Congress to amend NEPA. Third, delegation of NEPA responsibility forms the core of a controversy over recent environmental regulations promulgated by the United States Department of Housing and Urban Development (HUD). This article examines the extent to which a Federal administrator may delegate responsibility for compliance with Section 102(2)(C) to state and local officials, focusing primarily upon the HUD regulations. The background of the regulations is presented before considering the split between the courts of appeals and the amendment to NEPA.
- OSTI ID:
- 7269663
- Journal Information:
- Environ. Aff.; (United States), Vol. 5:1
- Country of Publication:
- United States
- Language:
- English
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