Environmental Policy Programs

Many states, including Washington, have their own Environmental Policy Acts (often referred to as a "SEPA" - short for State Environmental Policy Act: for an example, see here). One of the Act's main requirements is that all state agencies must consider whether their actions have a significant effect on the environment. If that is the case, the agency then has to conduct extensive research on the environmental consequences of the action, and complete an Environmental Impact Statement. For example, if the Department of Transportation decided that it wanted to construct a major highway through Washington, it would need to issue an Environmental Impact Statement before construction could begin.

While this law may seem great on its face for environmental advocates, a major problem lies under the surface. Unfortunately, the Act lacks teeth that would allow environmentalists to question the substance of an agency's decision in court. As long as the agency prepared an adequate Environmental Impact Statement and made a rational decision based on that report, the court cannot overturn the decision on review. This is true even if the agency did not choose the course of action that was best suited to protect the environment.

Some may agree with this approach. It allows the agency to make decisions and plan certain projects without having to wait for the court's second opinion on the matter. But ultimately, if the goal of the Environmental Policy Act is to promote environmental protection, judicial review of agency actions should be allowed. This would be the most effective way to ensure that agencies are complying with the goals of SEPA and working to protect our environment.