National Environmental Policy Act Is 'at a Crossroads'
The 35-year-old law gives citizens input in the review of land-use proposals. Those who say it slows progress are trying to curb its power.
By Tim Reiterman, Times Staff Writer
SAN FRANCISCO — After the National Environmental Policy Act was adopted 35 years ago, the law led to a major design change in one of the nation's most ambitious energy projects — the 800-mile pipeline that carries oil from Alaska's North Slope.
As a result of the often contentious ecological review, most of the pipeline was laid above ground so it would not damage the fragile permafrost, and built in a way that would not block the movement of caribou herds.
More recently, the law assured San Franciscans a voice in the conversion of one of the city's most prized historic sites — the old Army Presidio — into a national recreation area designed to be self-supporting and divided into open space, public use areas and commercial offices, including a recently opened 23-acre digital arts center built by "Star Wars" creator George Lucas.
Now, however, NEPA is facing strong challenges from the Bush administration, Congress and business interests who say the law has been holding up progress on a number of fronts, among them building highways, preventing forest fires and drilling for oil and gas in the Rocky Mountains.
The House version of the pending energy bill would exempt many oil and gas exploration projects from NEPA review. And a congressional committee is holding public hearings with the stated intention of changing how the law works. To expedite a wide range of projects, the administration and lawmakers have exempted some categories of federal actions from NEPA assessments or limited their scope....
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