The authors suggest that traditional concepts of judidical review are ineffective in promoting the intent of the National Environmental Policy Act to inject environmental considerations into all federal agency decisionmaking. They propose the adoption of a framework of analysis to serve as a guideline for agencies in making the threshold determination of whether to file an environmental impact statement.
Robert D. Peltz and Jeffrey Weinman,
NEPA Threshold Determinations; A Framework of Analysis,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss1/6