NEPA National Environmental Policy Act - PowerPoint PPT Presentation

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NEPA National Environmental Policy Act

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Title: 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
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