Making Sense of Indirect and Cumulative Impacts Analysis

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Making Sense of Indirect and Cumulative Impacts
Analysis

• Lamar S. Smith

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First

• NEPA and other laws require it
• Understand total project impact
• Project decisionmaking
• Analysis and documentation expected
• Inform local interests and authorities
• Secondary equal to indirect
• Indirect and cumulative impacts are not the same
  things

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Direct Impacts

• Caused by the action and occur at the same time
  and place.
• (40 CFR 1508.8)

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Indirect Impacts

• Caused by the action and are later in time or
  farther removed in distance, but are still
  reasonably foreseeable
• Growth inducing and other effects on air and
  water and other natural systems, including
  ecosystems, related to induced changes
• in the pattern of land use, and
• population density or growth rate

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Indirect Impacts
Indirect Environmental Impacts
Project Action
Related Actions

• Requires forecasting of future conditions,
  probable change, and project influences
• Degree of predictability and confidence
• Impacts may occur away from project area or
  potential area of effect
• Impacts may be positive as well as adverse

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Cumulative Impacts

• Result from incremental impacts of the action
  when added to other past, present, and reasonably
  foreseeable future actions, regardless of agency
  or person that undertakes other actions
• Can result from individually minor but
  collectively significant actions taking place
  over a period of time

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Cumulative Impacts
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Cumulative Impacts

• Individual resources
• Begin with direct impacts
• Various actions, events or causes
• Comparison of resource condition, health, and
  sustainability over time
• May include natural affects
• Total effect may be beneficial

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Reasonably Foreseeable

• Reasonably foreseeable events may be uncertain
  but must be probable or likely
• Possible but not probable affects may be excluded
  from NEPA analysis
• If event or impact can be described with
  sufficient specificity to be useful to decision
  making?

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Wisdom of the Court

• agency need not speculate about all conceivable
  impacts but it must evaluate the reasonably
  foreseeable effects of the proposed action.
• Dubois v U.S. Dept. of Agriculture
• sufficiently likely to occur, that a person of
  ordinary prudence would take it into account in
  making a decision.
• Sierra Club v. Marsh

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What About Mitigation?

• CEQ defines mitigation as
• avoidance, minimization, and compensation

Direct Environmental Impacts
Project Action
Avoid and minimize
Compensate
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FHWA Mitigation Policy 23 CFR 771.105(d)

• .. will be incorporated into the action and are
  eligible for Federal funding when the
  Administration determines that
• (1)  The impacts actually result from the
  Administration action and
• (2)  The proposed mitigation represents a
  reasonable public expenditure after considering
  the impacts of the action and the benefits of the
  proposed mitigation measures.

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23 USC 109 Standards

• (h) assure that possible adverse economic,
  social, and environmental effects have been fully
  considered
• final decisions on the project are made in the
  best overall public interest
• taking into consideration the need for fast,
  safe and efficient transportation, public
  services, and the costs of eliminating or
  minimizing such adverse effects

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NEPA Process
Transportation Planning
Proposed Action
Coordination and Analysis
YES
NO
Significant Impact ?
Unknown
Significant impact
Listed CE
Documented CE
Environmental Assessment
Notice of Intent Scoping Process
Draft EIS
Coordination and analysis as needed
No significant impacts
Public Comment
Document appropriately
Final EIS
Finding of No Significant Impact (FONSI)
Record of Decision (ROD)
Agency Action
Agency Action
Agency Action
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When To Do It

• Environmental Impact Statements
• Cumulative impact analysis required
• Indirect impacts scope of analysis and
  methodology depends on project type and resources
  involved
• Environmental Assessments
• Cumulative impact analysis
• Indirect impacts analysis depends on project and
  resources involved
• Categorical Exclusions

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Indirect Impacts Evaluation

• Confident that impacts are likely to occur
• Can impacts be sufficiently described and
  specified now to allow for useful evaluation?
• If impacts are not evaluated now, will future
  evaluation of impacts be irrelevant?
• Sierra Club v. Marsh

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Cumulative Impact Analysis

1. Geographic area affected by the project?
2. Resources affected by the project?
3. The other past, present, and reasonably
   foreseeable actions that have impacted these
   resources?
4. What were those impacts?
5. What is the overall impact on these various
   resources from the accumulation of the actions?

Fritiofson v. Alexander
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Scoping Essential to Analysis

• Early discussion and presentation of facts
• Involve the appropriate parties, ask appropriate
  questions, and solicit important input
• Focus on the important issues and resources
  affected by the project alternatives
• Agree on methodology and boundaries
• Address expectations and analysis
• Think about time frames for review

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For More Information

• CEQ Handbook, Considering Cumulative Effects
  Under the National Environmental Policy Act,
  January 1997
• FHWA Guidance 1992 and 2003
• EPA Guidance
• NCHRP Report 403 and Desk Reference 466

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We Need Your Help

• Good examples
• Training courses or programs
• Guidance
• What are the other agencies in your state asking
  for?