Environmental Impact Assessment in the US

1. Environmental Impact Assessment in the US Background and Regulatory Concepts

2. Some History • Pioneered by US Laws • National Historic Preservation Act (1965) • National Environmental Policy Act (1969) • Drives a wide variety of environmental decision-making • Model for 23 State “NEPA” laws • Can become closely linked with local planning, permitting

3. NEPA Goals – Section 101 • Act as trustee of the environment for succeeding generations • Assure a safe, healthy, productive & aesthetically and culturally pleasing surroundings • Attain the widest range of beneficial uses of the environment without degradation, risk to health & safety, or other undesirable or unintended consequences

4. NEPA Goals – Section 101 • Preserve important historic, cultural, & natural aspects of our national heritage & maintain an environment which supports diversity & individual choice • Enhance the quality of renewable resources & approach the maximum attainable recycling of depletable resources

5. NEPA - Section 102 • Created Council on Environmental Quality (CEQ), that issues regulations and oversees implementation • Directs all federal agencies to: • Use a systematic interdisciplinary approach in planning and decision making • Ensure the integrated use of natural, & social sciences • Take into consideration un-quantifiable environmental amenities & values as well as economic & technical factors in decision-making

6. NEPA - Section 102 Prepare an Environmental Impact Statement for “major Federal actions significantly affecting the quality of the human environment,” 1978 US Supreme Court decision declared that NEPA’s mandate was “essentially procedural” 1980 case affirmed that once an agency has made a decision under NEPA, the judicial role is limited to whether the agency has “considered” environmental consequences of it’s action.

7. What’s Covered • Major federal actions • Federal plans, rules, programs • Projects requiring a Federal permit • Projects receiving Federal funding • Required to look at connected actions as well

8. Key NEPA Steps and Documents • Categorical Exclusion (CE) • Environmental Assessment (EA) • Finding of No Significant Impact (FONSI) • Environmental Impact Statement (EIS) • Draft, Final

9. NEPA Process Categorical Exclusion? No YES Yes Significant Impact ? Unknown Significant impact Documented CE Listed 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 Source:http://www.oregon.gov/ODOT/HWY/LGS/docs/SLAPDC_Conference_Notes/Environmental.ppt Accessed: January, 2007

10. Statement of purpose and need Alternatives, including the proposed action – Less Extensive in EA Affected environment Environmental impacts – direct, indirect and cumulative Mitigation measures List of all federal permits required –EA Optional List of agencies and organizations consulted – EA Optional List of preparers – EA optional Key Elements of an EA/EIS

11. Other Features of NEPA Regulations • Tiering and Programmatic EISs • Similar to Strategic Environmental Assessment • Requirements for projects in international settings

12. EPA Required to Review All EISs • Part of 1970 Clean Air Act (§ 309) • Rate each one • LO = Lack of Objections • EC = Environmental Concerns • EO = Environmental Objections • EU = Environmentally Unsatisfactory • Matter gets referred to CEQ for resolution

13. Public Intervention in NEPA Process • Important to be involved early • Commenting on the EIS and related documents are required for any subsequent involvement • No provisions in NEPA for “administrative appeal” • Civil Suits in a Federal Court • Need to show you are impacted by the project • Possible results - project is prohibited from proceeding until adequate EIS is completed

14. EIA Practice Under NEPA in US • Statistics • EAs/EISs per year • Length of time • Cost • Percent CE vs EA vs EIS • Connection with permitting • Streamlining • Use of GIS/Internet Tools

15. Final EIS Filings EAs now dominate (about 50,000/year) Source: www.nepa.gov

16. NEPA Statistics • Department of Energy • http://nepa.energy.gov/documents/LLQR_june_2007.pdf • Department of Transportation • http://www.dot.state.ak.us/stwddes/desenviron/assets/pdf/resources/nepareviewtime.pdf Connection with Permitting • Tennessee Valley Authority • http://www.tva.gov/environment/reports/bellefonte/v1ch5.pdf

17. Endangered Species Act – Section 7 Clean Air Act Safe Water Drinking Act Clean Water Act 404(b)(1) Farmland Protection Policy Act National Historic Preservation Act Floodplains Laws Resource Conservation and Recovery Act Archeological and Historic Preservation Act NEPA Process Brings in Other Laws • Oil Pollution Act • Wilderness Act • Wild and Scenic Rivers Act • Marine Mammal Protection Act • Farmland Protection Policy Act • Executive Order 12898 (Environmental Justice) • Public involvement, interagency coordination • Tribal consultation • Noise Standards • Public Hearing Requirements

18. Streamlining and Internet Tools • Public Access to Documents • http://nepa.energy.gov/DOE_NEPA_documents.htm • Access to Comments • http://www.blm.gov/or/plans/wopr/pub_comments • NEPAssist • https://oasext.epa.gov/NEPA/

20. Other References • States with NEPA type laws • http://ceq.hss.doe.gov/nepa/regs/states/states.cfm • Case law summary on cumulative impact assessment • http://www.shipleygroup.com/news/articles/0505.pdf • Full Text of NEPA • http://www.ehso.com/Laws_NEPA.htm