Question

1) Which Constitutional Clause is the basis for most federal environmental protection regulations? 2) NEPA applies to all? 3) What is the main purpose of the EIS? 4) What are the functions of the CEQ? 5) Does the Federal Government have a right to take your property? If so under what specific Constitutional power? 6) When is an EA performed? 7 When must an EIS be prepared? 8) What are SEPAs?

Answer 1

1.  Majority of environment policies relies on Constitutional power—the Commerce Clause in Article I, Section 8 to restrict air and water pollution and protect endangered species.

2. NEPA applies to all federal agencies and their actions and requires these agencies to assess the environmental effects of their proposed actions prior to making decisions.

3. A document prepared to describe the effects for proposed activities on the environment is known as an Environmental Impact Statement (EIS). It ensures that all significant environmental impacts and feasible alternatives are fully considered in connection with the proposed action.

4. The Council on Environmental Quality (CEQ) plays a key role under the NEPA by working to balance environmental, economic, and social objectives of the country. It works closely with federal agencies and other government offices to develop environmental and energy policies and initiatives

5. Under "eminent domain" the federal government has power to acquire private property for public use however, this has two strict restrictions. The use of eminent domain must be in accordance with the congressional powers of the Constitution and as per the Fifth Amendment, private property cannot be acquired for public use WITHOUT fair and just compensation.