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This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against streamlining and calls for debate to balance these competing views of the public good and the application of NEPA to promote the public good.
Russell, Irma S., "Streamlining NEPA to Combat Global Climate Change: Heresy or Necessity?" (2009). Faculty Law Review Articles. 34.