期刊名称：Boston College Environmental Affairs Law Review
出版年度：2006
卷号：33
期号：3
页码：601
出版社：Boston College Law School
摘要：The purpose of the National Environmental Policy Act (NEPA) is to assure “for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings,” a goal that is essential to environmental justice. Although NEPA provides the structure for federal environmental decisionmaking, is it effective as a tool for addressing environmental justice concerns? This Essay addresses NEPA’s limitations and potential for this purpose, and assesses the role of case law and judicial review in shaping this integrative process. To do so, it considers the environmental justice implications of NEPA’s structural gaps—including exemptions, categorical exclusions, and so-called “functional equivalents”— and evaluates judicial review of agencies’ environmental justice analyses to date.
