The Role of NEPA in Fossil Fuel Resource Development and Use in the Western United States

Abstract

The National Environmental Policy Act (NEPA) has become a legal tool used to slow or prevent the development and use of energy in the United States. This Article reviews the elements of NEPA that are most important in energy project compliance. It then examines recent NEPA case law regarding energy projects in the western United States, including the integration of climate change analysis into the NEPA process. This Article focuses specifically on NEPA compliance by the Department of Energy and the Bureau of Land Management in the Department of the Interior, and concludes that federal agencies are susceptible to NEPA challenges against energy development projects.