What s a NEPA? Modern Environmental Planning in the United States. Vanasse Hangen Brustlin, Inc.

Transcription

1 What s a NEPA? Modern Environmental Planning in the United States November 5, 2009 MIT Airport Planning Class Marla Engel, AICP Principal, Airports Planning Vanasse Hangen Brustlin, Inc.

2 Modern Environmental Planning Origins and Context National Environmental Policy Act Case Studies and Challenges Lofty Goals - Does it Work?

3 Origins of Environmental Planning Increasing environmental awareness, pollution & concern in 1960s National Environmental Policy Act of 1969 (NEPA) The supreme reality of our time is the vulnerability of our planet. President Kennedy, 1963

4 NEPA: Environ. Quality as a National Policy Protects the environment Procedural, not regulatory Short, simple and comprehensive Major change in how government operates on all federal actions The most copied legislation in the world

5 Goals of NEPA Balance environmental quality and economic activity Consider all reasonable alternatives Disclose environmental consequences Avoid, minimize or mitigate impacts Make informed, not correct decisions

6 What Triggers NEPA? Everything! Actions taken by Federal Agencies (FAA) Approval of Airport Layout Plans Federal funding of Airport Improvements - $$$$ Environmental Permits for Airport Improvements

7 Not Really - Levels of NEPA Categorical Exclusions Environmental Assessment Environmental Impact Statement

8 100s of Actions Categorically Excluded - No Significant Environmental Impact Repair and rehab of airport pavement Navigational aids, lighting, fencing and other equipment New on-airport roadways Grants for noise mitigation

9 Environmental Impact Categories Air Quality Coastal Resources Compatible Land Use Construction Impacts Cumulative Impacts Farmland Fish, Wildlife, Plants (Endangered Species) Floodplains Hazardous Materials Historic/Archaeological Resources Natural Resource and Energy Supply Noise Parks, Refuges & Recreation Areas Secondary (Induced) Impacts Socioeconomic /Community Disruption Water Quality Wetlands Wild & Scenic Rivers Light Emissions

10 Environmental Assessment (EA) New General Aviation Airport New Runway Not in a Metropolitan Area Land Acquisition Cat-Ex Involving Extraordinary Circumstances

11 Results of an EA Environmental Assessment (EA) Finding of No Significant Impact (FONSI) Go, Build Approve, etc. Potentially significant impacts Environmental Impact Statement (EIS)

12 EIS - A Public Process Public & Environmental Agency Scoping Draft EIS Public & Environmental Agency Comments Respond to Comments (Final EIS) Record of Decision (Mitigation Requirements) LITIGATION GO

13 EIS and Politics Priorities and projects change with the politicians Politicians say one thing in public and another in private Review agencies delay, revisit Public opposition and misunderstanding

14 Case Study: Streamlining EIS s in Philadelphia

15 Why Streamline at PHL? Executive Order Environmental Stewardship and Transportation Project Review Secretary designates priority projects of National or Regional Significance

16 What is Environmental Streamlining? Anticipating and avoiding surprises and delays through openness, collaboration, and planning. It is not rushing through the environmental review process.

17 Streamlining Agreement 16 Agencies: Federal and 3 States Respect Each Others Statutory Authority Attend Meetings Stick to Schedule for Document Review Document Concurrence and Don t Revisit Immediate Elevation to Resolve Issues

18 Invest in Success Additional time up front Incremental steps Leadership Communication Flexibility, creativity, responsiveness Make it easy!

19 PHL: Runway Extension 1,000 Runway Extension Construction Cost $ 30M EIS Cost $ 3M Fast Track: 18 months No significant impacts Why an EIS?

20 NY-NJ-PHL Airspace Redesign Existing New - Additional

21 Capacity Enhancement: Alternative A Add Transportation Center & Automatic People Mover Extend runway 2,000 feet Relocate UPS Reconfigure terminals & add gates Extend Runway 1,500 feet Construct new 9,100 runway

22 Capacity Enhancement: Alternative B Relocate terminals & add gates Add Headhouse & Automatic People Mover Relocate UPS Extend runway 2,000 feet Extend Runway 1,500 feet Construct new 9,100

23 PHL: East Extension of RW 8-26

24 Results of Analysis Impact Alt A Alt B Noise (affected residences) Jobs Air Quality More than B Less than A Habitat Loss (acres) Wetlands Loss (acres) B is more operationally efficient

25 Advantages of Alt A Crosswind runway remains open Less disruptive construction Aircraft Delay Air Quality More flexible construction schedule River Runway Runway 8-28 Extension Midfield RW extension

26 Case Study: Another Airport for Las Vegas!

27 Pax Forecast for LV Metro Area

28 Annual Ops Forecast for LV Metro Area Practical Capacity of LAS 206,700 Ops

29 LAS in 1951

30 Why Not Expand LAS?

31 Why Not Expand LAS? Acquire land (yellow dashed) and additional air rights Relocate 4 miles Interstate (blue) and 2 major interchanges (red) Relocate 4 miles railroad (orange); 300 customers not served (pink) Relocate local streets (dark green) New/relocate 13 rail and highway overpasses/underpasses Displace 14,300 Residences and 6,000 Businesses and several designated parks (light green)

32 You Want to Build an Airport WHERE? 30 miles south of LAS 9 miles North of Mojave National Preserve Home to protected species Crisscrossed by major power lines

33 You Want to Build an Airport WHERE? Dry Lake bed drains 300 square miles Surrounded by steep terrain 9 Miles from Mojave National Preserve

34 You Want to Build an Airport WHERE?

35 Proposed Ivanpah Valley Airport Retention Basin Transportation /Utility Downstream of Basin Construction Materials Site 6,000 acre airport site + 17,000 acres noise compatibility + 10,000 acres transportation/utilities + 10,000 acres navaids, materials conveyors, etc.. = 43,000 acres Retention Basin Airport Site Noise Compatibility Area Construction Materials Site

36 Why Not Somewhere Else?? 2,600 Acres at < 5% Slope Safe minutes Drive to LV Strip Mountainous Terrain (Obstructions) Military and Other Restricted Air Space Conflicts with Other Airports Bottom Line: 7 Existing Airports and 9 New Sites Rejected

37 Does LV Need a New Airport? 6,000 new hotel rooms in 2008 No new hotels rooms in 2009 Fastest growing county Losing population in Housing Bubble : Highest Foreclosure Rate in U.S. Pax down 13% over 2008

38 The Politics of NEPA FAA, Airport Sponsors, NGOs, public NIMBYs, BANANAs and CAVE people CAAN, CAAP, CARE and the Internet Whose airspace is it anyway? Going Political

39 The Politics of NEPA SFO City defunds the EIS due to political pressure, change in City Council LAX EIS takes 10+ years due to public opposition and changing mayors TAOS 10+ years to address Cultural Concerns

40 40-Year Evolution of NEPA Federal Agencies resisted Implemented with caution Accepted / just another hoop Some embrace as planning tool For some, a legal exercise Never lose on analysis, only on process

41 Lofty goals, but does it work? Significantly modified agency behavior, Few opponents win in court Replicated in 23 states Emulated throughout the world It works only if everyone does their job Airports FAA Environmental review agencies Public

42 ? Questions