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Jul. 16, 2020

6 Places Where the National Environmental Policy Act Made The Difference

One of the first lawsuits under the National Environmental Policy Act was brought — and won — by Earthjustice on behalf of the Sierra Club in 1971. It demanded an environmental study before the government allowed the Gila River, a tributary of the Colorado River in New Mexico, to be turned into a concrete ditch. The project failed to gain approval. The 649-mile Gila River lives to flow on today.

In the decades since, this law that ensures the federal government informs and engages the public it serves has become one of the most important tools to protect communities and our environment. Here are six of those many stories.

1. Dakota Access Pipeline permits struck down

When the government permits a dangerous pipeline …
At the Oceti Sakowin Camp in 2016, Taylor Peterson, Katherine Morrisseau, Nancy Scanie, and Fawn Youngbear-Tibbetts (left to right). Clan Grandmother Nancy Scanie from Cold Lake Dene First Nation in Alberta Canada represented the Athabasca Keepers of the Water.
At the Oceti Sakowin Camp in 2016, Taylor Peterson, Katherine Morrisseau, Nancy Scanie, and Fawn Youngbear-Tibbetts (left to right). Clan Grandmother Nancy Scanie from Cold Lake Dene First Nation in Alberta Canada represented the Athabasca Keepers of the Water.
At the Oceti Sakowin Camp in 2016, Taylor Peterson, Katherine Morrisseau, Nancy Scanie, and Fawn Youngbear-Tibbetts (left to right). Clan Grandmother Nancy Scanie from Cold Lake Dene First Nation in Alberta Canada represented the Athabasca Keepers of the Water.

The U.S. Army Corps of Engineers violated the National Environmental Policy Act when it glossed over the potential consequences of a devastating oil spill while greenlighting the Dakota Access Pipeline, ruled the D.C. District Court on Mar. 25, 2020, after the Standing Rock Sioux Tribe filed a lawsuit to force the agency to follow the law.

Our Client Standing Rock Sioux Tribe

The Army Corps failed to address the Standing Rock Sioux Tribe’s expert criticism of its analysis, and the court ordered the agency to prepare a full environmental impact statement — which the Standing Rock Sioux Tribe sought from the beginning.

Take Action: Defend the National Environmental Policy Act

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2. Old-growth forests protected

When the government illegally approves plans to clear-cut ancient trees …
The ancient trees on the Tongass National Forest's Prince of Wales Island.
The ancient trees on the Tongass National Forest's Prince of Wales Island.
Colin Arisman
In the Tongass National Forest, on Prince of Wales Island. The project would have been the largest timber sale on any national forest in 30 years.

After the U.S. Forest Service was brought into court over a plan to log centuries-old trees from the Tongass National Forest on Alaska's Prince of Wales Island, a federal judge found that the Forest Service “presented local communities with vague, hypothetical, and over-inclusive representations of the Project’s effects over a 15-year period.”

Our Clients Southeast Alaska Conservation Council, Alaska Rainforest Defenders, Defenders of Wildlife, Sierra Club, Alaska Wilderness League, Natural Resources Defense Council, National Audubon Society, Center for Biological Diversity

The court ruled on Mar. 11, 2020, that the massive logging plan violated the National Environmental Policy Act’s core public protections. Two months later, the agency was ordered to complete a new environmental impact statement before proceeding with its plan.

The project would have allowed for the logging of trees equal a forest three times the size of Manhattan. More than half the planned logging acres would have targeted old-growth trees, which are uniquely effective at sequestering carbon, a key defense in the climate crisis.

Take Action: Defend the National Environmental Policy Act

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3. Defending our right to breathe

When the government approves a cargo terminal in a community already overburdened with dirty air …

Local groups in California’s Inland Empire are suing the Federal Aviation Authority and the San Bernardino International Airport Authority over the decision to construct a new airport terminal at the San Bernardino Airport rumored to be slated for Amazon’s use.

Our Clients Center for Community Action and Environmental Justice, Teamsters Local 1932

The residents contend the FAA’s finding of “no significant impact” — for a project predicted to generate one ton of air pollution per day, in a community already suffering from some of the worst air pollution in the nation — is a clear violation of the National Environmental Policy Act.

Take Action: Defend the National Environmental Policy Act

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4. Uncovering the truth about a waste incineration project in Puerto Rico

When the government funds an incinerator in your neighborhood …

On the northern coast of Puerto Rico, residents of Arecibo, Puerto Rico, used the National Environmental Policy Act to uncover the truth behind a waste incinerator project, requiring government agencies to conduct public hearings and an environmental impact review of the project.

Our Clients Amigos Del Río Guaynabo, Inc., Ciudadanos En Defensa Del Ambiente, Comité Basura Cero Arecibo, Madres De Negro de Arecibo, Sierra Club de Puerto Rico

Community members and municipalities across Puerto Rico are against the incinerator. The facility would lock in the most expensive and polluting means to generate electricity — all while exposing communities already suffering from unsafe lead levels and other toxic emissions to even more pollution.

If it weren’t for the National Environmental Policy Act, Arecibo residents would have few tools to fight and halt the incinerator.

Take Action: Defend the National Environmental Policy Act

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5. Atlantic Coast Pipeline cancelled

When a massive fossil fuel pipeline is planned in the midst of a climate crisis …
Activists speak out at the U.S. Supreme Court, as oral arguments are heard on Feb. 24, 2020, in the Atlantic Coast Pipeline case.
Activists speak out at the U.S. Supreme Court, as oral arguments are heard on Feb. 24, 2020, in the Atlantic Coast Pipeline case.
Mark Wilson / Getty Images
Activists speak out at the U.S. Supreme Court, as oral arguments are heard on Feb. 24, 2020, in the Atlantic Coast Pipeline case.

Developers cancelled plans to build a pipeline that would have crossed the Appalachian Trail and 600 miles of forest and farmlands, underscoring the importance of the National Environmental Policy Act.

Take Action: Defend the National Environmental Policy Act

6. Flourishing renewal projects in Atlanta

When the government asks a neighborhood how contaminated land should be revitalized …
Once a contaminated brownfield, Atlantic Station is now a model for high-density, walkable urban development and served as the catalyst for the revitalization of an entire quadrant of Atlanta.
Once a contaminated brownfield, Atlantic Station is now a model for high-density, walkable urban development and served as the catalyst for the revitalization of an entire quadrant of Atlanta.
Once a contaminated brownfield, Atlantic Station is now a model for high-density, walkable urban development and served as the catalyst for the revitalization of an entire quadrant of Atlanta.

Atlanta — where President Trump made his announcement on Jul. 15, 2020, to eviscerate core components of the National Environmental Policy Act — is home of one of the best success stories brought about by the National Environmental Policy Act.

For close to a century, the city’s Atlantic Steel Mill produced barbed wire, plough shears, and galvanized steel, leaving behind 138 acres of contaminated land when it closed its doors permanently in 1998.

The environmental impact statement process for the site’s redevelopment — as required by the National Environmental Policy Act — helped inform the largest-ever cleanup of a brownfield What is a “brownfield”? An area potentially or known to be contaminated by hazardous substances. site in history. Hundreds of comments from local citizens identified concerns, from traffic congestion to the protection of historic sites — comments that provided invaluable input into the completion of the project.

The resulting Atlantic Station development is now a model for high-density, walkable urban development and served as the catalyst for the revitalization of an entire quadrant of Atlanta.

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The Trump administration is gutting the National Environmental Policy Act. The new rule exempts many projects from the public review process that the law requires, and will allow agencies to issue permits without considering the climate impacts of projects.
“The Trump administration picked the wrong fight,” said Earthjustice attorney Kristen Boyles. “They want to make it easier to silence people’s voices and give polluters a free pass to bulldoze through our neighborhoods. That’s why we’re taking them to court.”
Community voices should not be silenced in favor of corporate interests. Join us in the fight to defend the National Environmental Policy Act.