Psychological Harm After Pane: NEPA's Requirement to Consider Psychological Damage

William S. Jordan, University of Akron Law School

Abstract

This article will examine the scope of federal responsibility to consider the probable psychological health impacts of a variety of federal projects under NEPA following the PANE decision. Part I discusses NEPA's coverage of psychological health concerns in general, delineates the ‘causal relationship’ test that the Court adopted in PANE, and discusses possible obstacles to consideration of psychological impacts under NEPA. Part II divides federal actions into four categories in order to analyze the varying application of NEPA to psychological health effects in different contexts. That Part then considers the benefits and burdens of NEPA consideration of psychological impacts and concludes with the example of the Nuclear Regulatory Commission's responsibility to consider psychological health effects before licensing new nuclear reactors.