Three’s A Crowd: Conflicts of Interest in Third- Party Preparation of Environmental Impact Statements and Evolving Agency Responsibility Under NEPA

Authors

Colleen McGrath

Abstract

Although the National Environmental Policy Act (NEPA) is designed to promote accountability and transparency about the environmental impacts of large-scale government projects, the lack of oversight over the production of Environmental Impact Statements (EIS) can result in incomplete or biased reports, especially when the EIS is prepared by a third party that has financial or organizational ties to the project. As such, this paper investigates the inherent conflicts of interest that arise when third parties prepare EIS and how that lack of impartiality can undermine the credibility of environmental assessments, erode public trust, and diminish the effectiveness of NEPA as an environmental protection tool. The paper also addresses the evolving role of agencies in overseeing the preparation of EIS and their responsibility to foster a culture of independence, objectivity, and scientific integrity in the EIS preparation process. The paper then proposes recommendations for addressing these conflicts, including revisiting the current framework for interpreting NEPA, heightening scrutiny of EIS that are prepared by potentially biased third parties, and creating more stringent oversight and accountability mechanisms by amending NEPA.

Recommended Citation

Colleen McGrath, Three’s A Crowd: Conflicts of Interest in Third- Party Preparation of Environmental Impact Statements and Evolving Agency Responsibility Under NEPA, 29 Hastings Envt'l L.J. 165 (2023)
Available at: https://repository.uclawsf.edu/hastings_environmental_law_journal/vol29/iss2/4