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Historical Background to NEPA

Historical Background to NEPA. Early 60’s – Congress starts to consider growing pollution problem Cuyahoga River Rachel Carson Earth Day Richard Nixon. - Caught fire! “Burn on Cuyahoga” – R. Newman. - wrote Silent Spring. - Environment became “cool”.

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Historical Background to NEPA

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  1. Historical Background to NEPA • Early 60’s – Congress starts to consider growing pollution problem • Cuyahoga River • Rachel Carson • Earth Day • Richard Nixon - Caught fire! “Burn on Cuyahoga” – R. Newman - wrote Silent Spring - Environment became “cool” - Passed most environmental legislation of any president (politically expedient)

  2. National Environmental Policy Act(NEPA) - 1970 • Mandates prediction of environmental effects of Federal actions • Defines Federal actions as those involving an expenditure of Federal money or requiring Federal oversight and approval • Places authority for NEPA regulation with the Council on Environmental Quality

  3. Picture of something in landscape that can be a Federal project

  4. The EIS ProcessNEPA Regulations - 1976 • Agency announces Intent to Act • Scoping • [Environmental Assessment (EA)] • Draft Env. Impact Statement (DEIS) • Public comment and public hearings • Final EIS issued

  5. Impacts Evaluated in EA • Social – political, cultural • Economic – cost/benefit • Environmental • Landscape • Biota Note: if the EA suggests there is no clear evidence that significant environmental impacts are likely to occur then an EIS is not usually prepared

  6. Environmental Impact Statement (EIS) • Device to force consideration of planned action on environment • Full and fair discussion of significant environmental impacts • Develop reasonable alternatives to action • Supposed to be more than just disclosure

  7. What are environmental impacts? • Short-term – construction impacts • Long-term • – permanent changes • - cumulative impacts (combined incremental effects) • Irretrievable losses – exploitation of non-renewable natural resources (eg. oil, coal mining) • Can be mitigated - restoration

  8. What is wrong with the EIS process? • Analysis – quantitatively week  2/3 of EISs contain no quantitative predictions • Paperwork – 150 page limit now reduces “BS” • Cost – 1-3% of project budget goes to EIS • Mean > $200,00, 16 months • Litigation – usually decided on process not analysis

  9. How are controls implemented without using an EIS? Permits! • NPDES permit • Air quality permit • Army Corps of Engineers wetlands permit • Etc. Note: permits ask specific questions, if answers are wrong fines are levied, even if project is underway

  10. In-stream gravel mining on Crooked Creek, Marion County, AR

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