【正文】
的機(jī)構(gòu)或有利行業(yè)和那些誰更環(huán)保的爭(zhēng)端之間的審查是受到廣泛關(guān)注的。許多其他機(jī)構(gòu),包括環(huán)保局、公民團(tuán)體以及涉及商業(yè)利益的群體,將在這個(gè)時(shí)候提交評(píng)論。然而程序的不足, EIS 可能導(dǎo)致各方反對(duì)該行動(dòng)的人的法律挑戰(zhàn)。 最后出版的草案,草案是否能夠充分通過,還可能需要經(jīng)歷法庭上的質(zhì)疑。只要該機(jī)構(gòu)遵循適當(dāng)?shù)某绦?,包括必要的環(huán)境影響要素,法院將允許該機(jī)構(gòu)的立場(chǎng)和活動(dòng)。 enabling acts as a factor to be taken into account in agency decision making 3. Requires that an environmental impact statement (EIS) be prepared for every major legislative proposal or other federal agency action having a significant impact on the quality of the human environment Council on Environmental Quality The least controversial aspect of NEPA was its first mandate: the creation of the Council on Environmental Quality (CEQ), The CEQ is made up of three persons, one of whom is designated the chair. The role of the council is primarily advisory, mainly advising the president about environmental matters. The CEQ gathers and analyzes data, informs the president about the progress the nation is making toward cleaning up the environment, and remends legislation that needs to be passed and issues that needs attention. Every year the CEQ uses the data it gathers to publish the President39。 groups and business interests. After the public ments have been received, a similar process will be followed for the final draft. If a draft has been severely criticized, the agency is faced with the difficult decision of whether to try to repair the heavily criticized draft or months. Preparing a new draft is timeconsuming and costly because all the steps have to be repeated with the new statement. However proceeding with an inadequate EIS may lead to a successful legal challenge by parties opposed to the action. Once the agency is satisfied with its final draft, it publishes it in the Federal Register. For a routine EIS, this entire procedure may take from 6 to 9 months. Court challenges may tie up the process for a year or longer. After publication of the final draft, the sufficiency of the draft may be challenged in court. The failure to file an EIS when required may also be challenged. This process of judicial review of the EIS has led to criticism by env