Historical Background to NEPAHistorical Background to NEPA

Early 60’s – Congress Early 60’s – Congress starts to consider growing starts to consider growing pollution problempollution problem Cuyahoga RiverCuyahoga River Rachel CarsonRachel Carson Earth DayEarth Day Richard NixonRichard Nixon

- Caught fire! “Burn on Cuyahoga” – R. Newman

- wrote Silent Spring

- Environment became “cool”

- Passed most environmental legislation of any president (politically expedient)

National Environmental Policy ActNational Environmental Policy Act(NEPA) - 1970(NEPA) - 1970

Mandates prediction of environmental effects Mandates prediction of environmental effects of Federal actionsof Federal actions

Defines Federal actions as those involving an Defines Federal actions as those involving an expenditure of Federal money or requiring expenditure of Federal money or requiring Federal oversight and approvalFederal oversight and approval

Places authority for NEPA regulation with the Places authority for NEPA regulation with the Council on Environmental QualityCouncil on Environmental Quality

Picture of something in landscape that can be a Picture of something in landscape that can be a Federal projectFederal project

The EIS ProcessThe EIS ProcessNEPA Regulations - 1976NEPA Regulations - 1976

Agency announces Intent to ActAgency announces Intent to Act ScopingScoping [Environmental Assessment (EA)][Environmental Assessment (EA)] Draft Env. Impact Statement (DEIS)Draft Env. Impact Statement (DEIS) Public comment and public hearingsPublic comment and public hearings Final EIS issuedFinal EIS issued

Impacts Evaluated in EAImpacts Evaluated in EA

Social – political, culturalSocial – political, cultural Economic – cost/benefitEconomic – cost/benefit EnvironmentalEnvironmental

LandscapeLandscape BiotaBiota

Note: if the EA suggests there is no clear evidence Note: if the EA suggests there is no clear evidence that significant environmental impacts are likely to that significant environmental impacts are likely to occur then an EIS is not usually prepared occur then an EIS is not usually prepared

Environmental Impact Statement Environmental Impact Statement (EIS)(EIS)

Device to force consideration of planned Device to force consideration of planned action on environmentaction on environment

Full and fair discussion of significant Full and fair discussion of significant environmental impactsenvironmental impacts

Develop reasonable alternatives to actionDevelop reasonable alternatives to action Supposed to be more than just disclosure Supposed to be more than just disclosure

What are environmental impacts?What are environmental impacts?

Short-term – construction impactsShort-term – construction impacts Long-term Long-term

– – permanent changespermanent changes - cumulative impacts (combined incremental - cumulative impacts (combined incremental

effects)effects) Irretrievable losses – exploitation of non-Irretrievable losses – exploitation of non-

renewable natural resources (eg. oil, coal renewable natural resources (eg. oil, coal mining)mining)

Can be mitigated - restorationCan be mitigated - restoration

What is wrong with the EIS process?What is wrong with the EIS process?

Analysis – quantitatively week Analysis – quantitatively week 2/3 of EISs 2/3 of EISs contain no quantitative predictions contain no quantitative predictions

Paperwork – 150 page limit now reduces “BS”Paperwork – 150 page limit now reduces “BS” Cost – 1-3% of project budget goes to EISCost – 1-3% of project budget goes to EIS Mean > $200,00, 16 monthsMean > $200,00, 16 months Litigation – usually decided on process not Litigation – usually decided on process not

analysisanalysis

How are controls implemented How are controls implemented without using an EIS? without using an EIS?

NPDES permitNPDES permit Air quality permitAir quality permit Army Corps of Engineers wetlands permitArmy Corps of Engineers wetlands permit Etc.Etc.

Note: permits ask specific questions, if answers Note: permits ask specific questions, if answers are wrong are wrong fines are levied, even if project is fines are levied, even if project is underwayunderway

Permits!Permits!

In-stream gravel mining on Crooked Creek, Marion County, AR