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The 29th national Earth Day was celebrated this past week, an event just a year younger than passage of the National Environmental Policy Act (NEPA) by Congress in 1969.
The history of NEPA from early concept to reality is recounted in a new book, The National Environmental Policy Act: An Agenda for the Future, by Lynton Caldwell, Arthur F. Bentley Professor emeritus of political science and professor emeritus of public and environmental affairs. The book is being published by the IU Press.
Caldwell writes from experience, since he assisted at the birth of NEPA through recommendations and testimony before the Senate Committee on Interior and Insular Affairs. His book recalls the history of environmental concerns and takes stock of where the subject is currently. Additional chapters encompass "International Environmental Policy," "NEPA and the Global Environment" and "Future Directions: Beyond NEPA."
Caldwell poses this question: Why has the environment been a difficult issue for U.S. public policy and what is needed to solve the problem?
"The Supreme Court has consistently interpreted NEPA's mandate to be essentially procedural, requiring compliance with the formal requirements for an environmental impact statement. This is a misinterpretation of the act, ignoring its clearly stated purpose," said Caldwell.
While recounting NEPA's accomplishments to date, Caldwell cautioned, "a large amount of social learning may yet be required before the significance of the environment for life on Earth is universally understood and consensus is achieved in our highly diverse, short-focused, personal centered society. Social learning requires informed and persuasive teaching--a quality sometimes, but not often, found in political leadership."
Caldwell explains that while NEPA mandated building environmental safeguards into policies, plans and programs of the various agencies of the government, those mandates have not been pursued by governmental agencies or monitored by Congress on a consistent basis.
"Even so, the federal agencies are increasingly using NEPA as a planning tool, and importantly are cooperating to a greater extent than ever under NEPA regulations issued by the Council on Environmental Quality," Caldwell added.
In regard to the future of NEPA, Caldwell writes: "Although its purpose has not yet been fully realized, the National Environmental Policy Act has had a significant influence on public policy in the United States and abroad." Still, he continues later, "If the NEPA intent is to be realized, consistent with its purpose, a basis in constitutional law may be necessary."
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