Psychological harm after PANE: NEPA's requirement to consider psychological damage

In Metropolitan Edison Co. v. People Against Nuclear Energy (PANE), the Supreme Court held that the National Environmental Policy Act does not require the Nuclear Regulatory Commission (NRC) to consider the probable impact of its actions on psychological health. The Court's opinion, however, supports the conclusion that NEPA generally requires federal agencies to consider such probable impacts. This article examines the scope of federal responsibility following this decision. It delineates the causal relationship test that the Court adopted in PANE, and discusses possible obstacles to the consideration of psychological impacts under NEPA. It divides federal actions into four categories, then considers the benefits and burdens of the ruling using the NRC's responsibility to consider psychological health effects before licensing new nuclear reactors. 221 references