page_54 < previous page page_54 next page > Page 54 4 Turning NEPA on Its Head: Assessments That Advance Property Rights at the Expense of the Environment Richard Castelnuovo Introduction Opposition to environmental protection is not new, but the "wise use" movement has tapped mainstream support by attacking government regulations and their restrictions on private property use (Yandle 1995). Ironically, the movement has achieved success by imitating strategies pioneered by the environmental movement (Jacobs 1995). In particular, different factions have used the National Environmental Policy Act (NEPA) of 1969. Those seeking to enhance government control at the county level claim that NEPA requires federal authorities to "coordinate" their actions with local officials to maintain local customs and culture (White 1993; Miller 1993). Those seeking to strengthen protection of property rights have pursued assessment procedures that mimic those of NEPA's environmental impact statement (EIS) to restrain government actions that result in a taking of private property without compensation.1 Although it originated as an executive order in the Reagan administration, the takings impact assessment has realized its greatest success at the state level. State legislatures have considered bills with titles such as the Private Property Protection Act, which reflect the movement's populist theme of pitting the embattled citizen against overreaching government (Levinson 1994). Those crusading for takings assessment legislation see themselves as creating a charter for property rights in the same way environmentalists fashioned a charter with NEPA (U.S. House 1993). Groups such as the Defenders of Property Rights have worked to exploit positive associations with NEPA. As Nancic Marzulla of the Defenders observes, "I have a hard time seeing why anyone would object to this type of statuteit's really a 'look-before-you-leap' law" (quoted in Lavelle 1993, p. 1). With NEPA as 1. See preface, this volume, for a discussion of takings. Â < previous page page_54 next page >