NEPA POLICY AND PRINCIPLES IN THEIR 49TH YEAR: A WASHINGTON DC PERSPECTIVE

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1 NEPA POLICY AND PRINCIPLES IN THEIR 49TH YEAR: A WASHINGTON DC PERSPECTIVE Owen Lindauer, Ph.D. Federal Highway Administration Office of Project Development and Environmental Review

2 NEPA: Then and Now Then: Among first laws ever written that establishes the broad national framework for protecting our environment Now: Our current administration has acted to reduce the regulatory barriers that impede infrastructure projects and vastly inflate their costs. Now: the Heritage Foundation* believes is the time to repeal the obsolete National Environmental Policy Act (NEPA) because it has uncorrectable flaws, including arbitrary standards, politicized enforcement, and protracted litigation. *Time to Repeal the Obsolete National Environmental Policy Act (NEPA) by Diane Katz, The Heritage Foundation BACKGROUNDER, No. 3293, March 14, 2018

3 What are the National Policies of NEPA in 40 CFR ? (a) Interpret and administer the policies, regulations, and public laws in accordance with the policies set forth in the Act (b) Make the NEPA process more useful to decision makers and the public; to reduce paperwork and the accumulation of extraneous background data; and to emphasize real environmental issues and alternatives (c) Integrate the requirements of NEPA with other planning and environmental review procedures required by law or by agency practice so that all such procedures run concurrently rather than consecutively

4 What are the National Policies of NEPA in 40 CFR ? (cont.) (d) Encourage and facilitate public involvement in decisions which affect the quality of the human environment (e) Use the NEPA process to identify and assess the reasonable alternatives to proposed actions that will avoid or minimize adverse effects of these actions upon the quality of the human environment (f) Use all practicable means, to restore and enhance the quality of the human environment and avoid or minimize any possible adverse effects of their actions upon the quality of the human environment

5 NEPA Principles=Good Decision Making Purpose & Need, Alternatives, Impacts, Mitigation, Interagency Consultation, Public Involvement, Documentation

6 Principles from the Constitution Enshrined in the NEPA Process: Republicanism (a political theory that believes in representative government in which citizens can vote for people to represent their opinions and views.)

7 Principles from the Constitution Enshrined in the NEPA Process: Individual Rights (a principle identified largely in the Bill of Rights, which are the first 10 amendments to the Constitution, guarantees individuals rights to certain freedoms without interference from the government or other individuals.)

8 Principles from the Constitution Enshrined in the NEPA Process: Checks and Balances recognizes different roles and responsibilities for the legislative, executive, and judicial branches. No one entity controls power and those with different roles can influence the other entities.

9 Principles from the Constitution Enshrined in the NEPA Process: Separation of Powers: political authority of the state is divided into legislative, executive and judicial powers. To most effectively promote liberty, these three powers must be separate and act independently.

10 Principles from the Constitution Enshrined in the NEPA Process: Federalism (a principle that our system of government is one in which power is divided between the national (Federal) government and the various state governments)

11 TxDOT, Keep Up the Good Work