NRS | Federal Lands | Recreation and Preservation | Creation of the NPS

NEPA requires federal agencies to undertake a pre-action analysis in the form of an Environmental Impact Statement (EIS) of potential environmental impacts for “major Federal actions” that may “significantly affect” the quality of the human environment. 42 U.S.C. § 4332(2)(C). In order to determine whether an action is one requiring an EIS, an agency may prepare an Environmental Assessment (EA). 40 C.F.R. § 1501.4(b). An EA is a concise public document that should briefly describe the proposal, examine alternatives, consider environmental impacts, and provide a listing of individuals and agencies consulted. 40 C.F.R. § 1508.9. If a Finding of No Significant Impact (FONSI) on the environment is made after the matter is analyzed in an EA, then no EIS is required. 40 C.F.R. § 1501.4(e). See Anacostia Watershed Soc. v. Babbitt, 871 F. Supp. 475, 482 (D.D.C. 1994).
NEPA is one of the most frequently litigated statutes in the history of modern environmental law. In the context of litigation against the National Park Service, it has been used by interested stakeholder groups on all sides of various controversies as a tool to challenge management decisions on national park lands and wildlife refuges. Since 2000, NEPA cases involving the National Park Service include challenges to snowmobile, jet ski and off-road vehicle use in the national park system; the reintroduction of gray wolves in Yellowstone National Park; expanded cruise ship visits to Glacier Bay National Park; and regulation of firearms possession on national park lands.