Environmental Responsibilities Overseas: The National Environmental Policy Act and the Export-Import Bank

Abstract

The National Environmental Policy Act (NEPA) serves to regulate the environmental impacts of the activities of federal agencies. One such agency, the Export-Import Bank, aids the growth of United States exports in international markets by funding projects where private banks are unwilling. The courts have been selective in applying NEPA requirements to extraterritorial U.S. activities, but the Ex-Im Bank’s activities fall within the categories created by prior cases. Therefore, the Ex-Im Bank should apply NEPA to the projects it considers for funding.