Abstract
In the presence of significant environmental impacts, the National Environmental Policy Act (“NEPA”) requires agencies to take a hard look at community effects. However, analysis of human impacts under NEPA is generally cursory. While executive orders requiring consideration of environmental justice have raised awareness of community impacts in some instances, agency approach is inconsistent, and courts largely view such analysis as a box to be checked. Such cursory consideration of human impacts leaves historically underserved communities in a legal blind spot that perpetuates environmental and procedural inequity. Using the U.S. Army Corps of Engineers’ management of the Apalachicola, Chattahoochee, and Flint River Basin as a case study, this Article argues that NEPA regulations and practices must be revised to standardize rigorous agency consideration of community and environmental justice impacts.
Recommended Citation
Andre, Abigail E.
(2024)
"In Pursuit of Equity Under NEPA:
Apalachicola’s Invisibility in the
Tristate Water Wars,"
University of Memphis Law Review: Vol. 54:
Iss.
4, Article 1.
Available at:
https://digitalcommons.memphis.edu/um-law-review/vol54/iss4/1
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