Kwansei Gakuin University Rep Title Author(s) 環 境 影 響 評 価 制 度 をめぐる 法 的 諸 問 題 (4) : 米 国 の 環 境 影 響 評 価 制 度 について Sekine, Takamichi, 関 根, 孝 道 Citation 総 合 政 策 研 究, 33: 73-103 Issue Date 2010-02-20 URL http://hdl.handle.net/10236/3583 Right http://kgur.kawansei.ac.jp/dspace
Article Legal Issues Relating to Environmental Impact Assessment System (4) ~Environmental Impact Assessment in US under NEPA~ Takamichi Sekine First established in 1969 under the NEPA, environmental impact assessment system has now spread all over the world up to around 135 countries. The reason why this US-made system has been so widely accepted derives from the principle that environmental decision-making should be based on its scientifi c and democratic process. NEPA authorizes and mandates federal agencies to take into account environmental consequences prior to making administrative decisions signifi cantly affecting the quality of the human environment. By obligating the agencies to follow NEPA procedures, NEPA intends to promote environmentally rational decision-making through the inquiry of reasonable alternatives. Although NEPA has only procedural effect the meaning of which implies that agencies are not obligated to adopt environmentally better or the best decision as long as there is rationale not to do so, its achievements so far having demonstrated still indicates the necessity of introducing such system for the environmental protection. This forth article introduces the environmental assessment system under the NEPA mainly focusing on its major provisions and related CEQ regulations. This article intends to identify why Japan s assessment system is not so effective by comparing it to that of US under the NEPA. Also it is intended that this article in some way contributes to revising the Japan s assessment law after its full-fl edged enactment of 10 years for the better system. Key Words : NEPA, CEQ Regulation, Quality of Environment, EIS, NEPA Litigation
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