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NEPA Compliance And The Recovery Act

Law360 (June 9, 2009, 12:00 AM EDT) -- On May 18, 2009, the Council on Environmental Quality (“CEQ”) issued its report to Congress on the status of environmental reviews for all projects funded under the American Recovery and Reinvestment Act (“Recovery Act”).[1]

As the May 18 deadline approached, it was still unclear whether Congress’ emphasis on “shovel-ready” projects could be squared with its requirement that all of these projects comply in full with the National Environmental Policy Act (“NEPA”).[2]

Based on CEQ's report, it appears that most Recovery Act projects are not encountering significant...
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