The state of the art in environmental pollution control and impact analysis Page: 44
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44
One of the few "enforcement teeth" in NEPA, although it
is indirect, is that applications for federal funding or
grant assistance may be refused if it can be shown that NEPA
requirements have not been complied with "to the fullest extent
possible."
Based on the phrase "major federal actions significantly
affecting the quality of the human environment," there are
at least three factors to be interpreted in the analysis of
whether an impact statement must be prepared: (1) is the
action proposed a "major federal action"?, (2) will that
major federal action "significantly affect the quality of
the human environment"?, and (3) what is meant by "human
environment"; what is its scope?11
In National Resources Defense Council v. Grant,12 the
court defined a "major federal action" as one which requires
substantial planning, time, resources, and expenditures. As
is obvious, this statement did very little in clearing up
the vagueness and ambiguity. However, several agencies have
attempted to clear up the vagueness by defining what consti-
tutes a major action for those filing reports through their
agency. It would be advised that those seeking compliance
with any agency contact that agency directly for any guide-
lines which are available.
11Lyndon B. Johnson School of Public Affairs, Environ-
mental Im act Statements: Effects on Program Implementation
(Aussttin , P.2
12Ibid.
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Thibodeaux, Mary Shepherd. The state of the art in environmental pollution control and impact analysis, dissertation, May 1976; Denton, Texas. (https://digital.library.unt.edu/ark:/67531/metadc332517/m1/52/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .