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Hastings Law Journal

Authors

Victor B. Flatt

Abstract

The National Environmental Policy Act (NEPA) requires all agencies to consider the environmental impact of any federal action that significantly affects the quality of the environment. Currently, certain important environmental impacts are not being considered in the NEPA analysis. These environmental impacts are associated with environmental risk allocation and environmental philosophy.

Professor Flatt argues that the failure to include the values of environmental risk allocation and environmental philosophy as environmental impacts under NEPA is inconsistent with a proper interpretation of the language and legislative history of that Act. The author argues that considering environmental risk allocation and environmental philosophy under NEPA would have a number of public policy benefits, ranging from improving the efficiency of the NEPA process to protecting the human psyche.

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