The Functional Equivalence Doctrine: A Judicial Exception That Violates NEPA and Undermines the National Environmental Policy
Loading...
Date
2023-04-28
Authors
Hudson, Scott
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The National Environmental Policy Act (NEPA) is the seminal environmental statute, providing the aspirational goal of a national environmental policy and a comprehensive environmental regulatory framework. Over the past five decades, however, Congress, the courts, and administrative agencies have limited NEPA with exemptions and exceptions. This paper evaluates the Functional Equivalence Doctrine and argues that this NEPA exception is contrary to the text, congressional intent, and goals of NEPA and is therefore illegal.
Description
30 pages
Keywords
National Environmental Policy Act, Environmental law, Enforcement
Citation
38 J. Env’t. L. & Litig. 109