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Mitigated FONSI

Mitigated FONSI. What’s an EA? What’s a FONSI? A “mitigated FONSI?” Is it different from a normal EA/FONSI process? What’s the bottom line?. Environmental Assessment. A document …

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Mitigated FONSI

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  1. Mitigated FONSI • What’s an EA? • What’s a FONSI? • A “mitigated FONSI?” • Is it different from a normal EA/FONSI process? • What’s the bottom line?

  2. Environmental Assessment A document … … that is prepared for an action where the significance of the social, economic, and environmental impacts are not clearly established 23 CFR 771.115(c) 40 CFR 1508.9

  3. Environmental Assessments • Concise public document • Briefly provide evidence and analysis • Include brief discussions of … • Not contain long descriptions or detailed data • CEQ suggested page limits • Not mini EISs 40 CFR 1508.9

  4. FONSI Finding Of No Significant Impact • A document which briefly presents why an action does not have a significant impact • It must include and reference the environmental assessment CEQ Q&A #37A 40 CFR 1508.13

  5. “Mitigated FONSI” • Rely on mitigation to reduce the impact below significance “threshold” • Forego the preparation of an EIS by changes to the project or mitigation measures

  6. Is it Allowed? Defensible? • CEQ Guidance 40 Q&A • FHWA Policy • Case law • Standard of review and determination

  7. What the Courts Have Said 4 factors • Must take a “hard look” at the problem • Must identify the relevant area of environmental concern • Make a convincing case that the impact is not significant • Where there is true significant impact, changes in the project sufficiently reduce the impacts to less than significant

  8. The Determining Factors Standard of review and determination • Not an arbitrary and capricious decision • Mitigation measures will actually be implemented • Mitigation measures will actually work • Public and resource agency involvement • Scoping

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