National Environmental Policy. Act (NEPA)

Transcription

1 National Environmental Policy Purpose Act (NEPA) To create a national environmental policy and allow public input into the process of formulating a national response to environmental issues; and To require federal agencies to consider environmental issues as they implement projects. Scope Applies to all major federal actions and therefore affects all federal agencies Who implements the Act? The Council on Environmental Quality (CEQ), established under Title II, as an Executive Office of the President to implement NEPA States do not implement NEPA

2 NEPA s 3 Most Important Elements A declaration of national environmental policies and goals Establishment of action forcing provisions, ensuring compliance with those policies and goals Establishment of a Council on Environmental Quality (CEQ) in the Office of the President of the U.S.

3 Council on Environmental Quality (CEQ) Duties Overseeing and publishing regulations to implement NEPA Resolution of disputes between the EPA and other agencies on environmental impact statement (EIS) information Preparation of annual report on state of environmental conditions

4 NEPA: A Procedural Act Purpose: to guarantee that no federal agency will undertake projects without first considering the adverse environmental consequences of its action. Requires an environmental impact statement (EIS) to be prepared for all major federal actions that significantly impact the environment Agency prepares environmental assessment (EA) to determine whether a full blown EIS is necessary (whether the project will significantly affect the environment) If no EIS is necessary, the agency issues a finding of no significant impact statement (FONSI) If EIS is necessary, the agency issues a notice of intent Once the first version of the EIS (the Draft EIS) is available, there is a public comment period; the agency will respond to the public comments in the Final EIS

5 Applicability of NEPA Applies only to certain types of actions by federal agencies Non major action is categorically excluded from the requirements of NEPA A non major action is a proposed federal action that does not individually or cumulatively have a significant effect on the human environment (as determined by examining the proposed action itself and by examining the results of similar actions) Actions that may be exempted from NEPA Those that have only minor federal involvement

6 Environmental Assessments (EAs) Purpose Preliminary screening of a federal project to determine if the agency will need to prepare an environmental impact statement (EIS) Results FONSI (Finding of No Significant Impact) EIS needed due to the degree of the project s impact on the environment

7 A FONSI Finding If no EIS is necessary, the agency prepares a Finding of No Significant Impact (FONSI) No further action is needed A conclusion by a federal agency that a proposed action will not have a significant impact on the environment Such a finding is one of the possible conclusions reached as part of the evaluation process set forth in NEPA The NEPA process includes the completion of an environmental assessment (EA), which can be used to make a FONSI determination

8 Environmental Impact Statements (EISs) Designed to help public officials make decisions about projects Based on information concerning the potential environmental effects of the proposed project Outline project alternatives

9 Environmental Impact Statements (EISs) (cont.) Process Designation of a lead agency and cooperating agencies Scoping o Deciding the parameters of a proposed project Gathering of environmental data

10 Environmental Impact Statements (EISs) (cont.) Agency prepares draft EIS with full analysis of project Draft contains: o description of proposed action o alternatives to action o environmental consequences of actions and alternatives Draft EIS available for public comment Agency may hold public meetings to discuss draft Agency must solicit comments from interested/cooperating agencies After receiving comments, the agency prepares the final EIS Agency must respond to comments, and if necessary, modify draft to reflect comment responses Final actions typically subject to judicial review

11 Components of an EIS An EIS must include The expected impacts of the proposed project Any unavoidable adverse environmental impacts connected with the project s implementation Any reasonable alternatives to the proposed project A discussion concerning the balance between the intended temporary use of the human environment as part of the proposed project and the expected long term use of that environment Any commitment of resources involved in the proposed project that are irreversible or irretrievable if the project is implemented