NEPA National Environmental Policy Act

1
NEPA (National Environmental Policy Act)

• An act to create and maintain conditions under
  which man and nature can exist in productive
  harmony
• (NEPA, Sec.101)

2
NEPA Background

• Events of the 60s
• Cayuhoga River catches fire
• Torrey Canyon Oil Spill
• Organization of Earth Day
• Concern with Federal Government actions
• Proposal for dam that would flood Grand Canyon

3
NEPA Goals

• Promote federal efforts to prevent or eliminate
  damage to the environment
• Ensure that federal decision makers take
  environmental actions into account

4
Key Features

• Short, simple, and comprehensive
• Self implementing
• Focus on process, not substance, of decisions
• Unlike SEPA, which can do both
• Model for 23 state laws

5
Main Elements

• Created the Council on Environmental Quality
  (CEQ)
• Federal actions must include environmental
  considerations in their decisions
• Established a framework for consideration of
  environmental consequences and possible
  mitigation options (EA-EIS process)
• Federal agencies must amend their own internal
  rules, policies to conform with NEPA goals

6
EIS/EAs - Whats Covered

• Major Federal Actions significantly affecting
  the environment
• Federal plans, rules, projects
• Projects requiring a Federal permit
• Projects receiving Federal funding
• From 1984 to 2004, average of 513 draft and final
  EISs filed
• CEQ estimates 50,000 EAs were prepared in 1997

7
CEQ Regulations

• Established specific procedures (1978)
• Binding on all federal agencies
• Agencies must adopt their own regs consistent
  with CEQs

8
Process

• Lead Agency considers whether or not categorical
  exclusion applies
• If no, then Environmental Assessment (EA) or
  directly to EIS
• Scoping - Notice of availability of an EA
• Public Review and response to comments
• Determination with Record of Decision
• finding of no significant impact (FONSI)
• likely significant impact - EIS required
• No mitigated FONSI under federal scheme

9
Requirements for an EIS

• Short, concise, stream-lined, integrated with
  other documents
• Rely on existing information where possible
  (incorporation and adoption)
• Clearly and concisely discuss environmental
  issues
• Consider reasonable range of alternatives
  including no impact
• Consider cumulative impacts
• Direct and indirect effects

10
Public Intervention in NEPA Process

• Commenting on the EIS and related documents
  required for any subsequent involvement
• No provisions for administrative appeal
• Civil Suits
• Still require standing, exhaustion of admin
  process
• Injunctive relief - for example, project is
  prohibited from proceeding until adequate EIS is
  completed