Debate within and debate without: NEPA and the redefinition of the prudent man rule

Journal Article · Sun Jul 01 04:00:00 EDT 1979 · Nat. Resour. J.; (United States)

OSTI ID:5860284

Fairfax, S K ^[1]; Andrews, B T

---

1. Univ. of California, Berkeley

National Energy Environmental Policy Act (NEPA) and environmental impact statement (EIS) requirements comprise a critical part of the environmental movement of the 1960s and 1970s, the history of which suggests a number of reasons why the external model of administrative reform would dominate implementation of the statute. A reassessment of the tactical and analytic utility of the external model now seems appropriate in view of the weaknesses in a confrontation approach. The lesson learned from changing the interpretations of the Mineral Leasing Act under NEPA is that progress in environmental protection was made, not by focusing attention on writing and reviewing impact statements, but by altering the underlying premises of decisions. It is now apparent that the range of views and insights within agencies can fully reflect those on the outside. Students and would-be reformers of the administrative process could gain from closer attention to and a fuller appreciation of the creative potential of public agencies. 110 references.

• OSTI ID: 5860284
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 19:3; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
ADVERSARIES
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
IMPLEMENTATION
INSTITUTIONAL FACTORS
INTERVENORS
LAWS
LEASES
MODIFICATIONS
NATIONAL ENVIRONMENTAL POLICY ACT
POLITICAL ASPECTS
PUBLIC POLICY