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Bottlenecks and Baselines: Tackling Information Deficits in Environmental Regulation

The first generation of statutory and regulatory environmental law in this country naively assumed that information would be abundant and cheap to acquire. Nowhere is this assumption clearer, perhaps, than in the National Environmental Policy Act1 (NEPA), the statute that signaled the onset of th e "environmental decade" of the 1970s.2

NEPA famously requires federal agencies, prior to undertaking any action that "significantly affects" environmental quality, to produce and publicly disclose a "detailed statement" of the environmental impacts of the proposed action, evaluating it side-by-side with a range of alternatives.3 This open-ended information requirement, reflecting a mid-twentieth ...

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