1 / 11

NEPA (National Environmental Policy Act)

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). NEPA Background. Events of the 60’s Cayuhoga River catches fire Torrey Canyon Oil Spill Organization of Earth Day

austin
Download Presentation

NEPA (National Environmental Policy Act)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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 60’s • 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) • 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. What’s Covered • Major Federal Actions significantly affecting the environment– • Federal plans, rules, projects • Projects requiring a Federal permit • Projects receiving Federal funding

  7. CEQ Regulations • Established specific procedures (1978) • Binding on all federal agencies • Agencies must adopt their own regs consistent with CEQ’s

  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 • Tiering

  10. EPA Review of EISs • Part of 1970 Clean Air Act (§ 309) • EPA required to review all EISs • Rate each one • LO - Lack of Objections • EC - Environmental Concerns • EO - Environmental Objections • EU - Environmentally Unsatisfactory • Matter gets referred to CEQ for resolution

  11. 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

More Related