The federal circuits have diverging trends in their treatment of Department of Transportation v. Public Citizen, the 2004 landmark Supreme Court decision that held that federal agencies do not always need to analyze and disclose the indirect effects of their actions. Explanations for this phenomenon include that courts may be following more universal conservative and progressive trends in their circuits, or perhaps that distinctions turn on the statutes at play, or that particular courts may be more inclined to defer to an agency's interpretation of its regulations rather than Congress' intent in passing a particular law. This Article provides a critical review of the last 20 years of case law and regulatory changes regarding the National Environmental Policy Act ("NEPA") and what types of environmental effects federal agencies must disclose and analyze in funding or authorizing major federal actions following Public Citizen.

Federal courts since that decision have navigated precedent seemingly at odds with Congress' intent that federal agencies use all practicable means to "assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings" in considering all reasonably foreseeable effects of major actions. Some courts maintain that federal agencies must analyze and disclose the reasonably foreseeable
indirect effects of the actions they authorize, while others have adopted a broader interpretation of Public Citizen to virtually eliminate indirect effects analysis regardless of foreseeability if there is a break in the causal chain or lack of discretion to address the impacts. This Article helps illuminate why these trends may have emerged, aids litigators in navigating the legal landscape, and provides fodder for NEPA reform. It concludes with recommendations for practitioners who seek to protect the human environment through the enforcement of NEPA's requirement that agencies analyze and disclose a complete account of the reasonably foreseeable effects of their actions.