EST 550 Environmental Impact Assessment

What are the five parts of a "detailed statement" (Section 102(2)(c); what has come to be known as the EIS?

(1) The environmental impact of the proposed action (2) Any adverse environmental effects which cannot be avoided should the proposal be implemented (3) Alternatives to the proposed action (4) The relationship between local short-term uses of man's environment and the maintenance an enhancement of long-term productivity, and (5) Any irreversible or any irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

Technical Model of Risk

(Will this actually hurt me?) Risk=Consequence x Likelihood Where: -Likelihood is the Probability of occurrence of an impact that affects the environment -Consequence is the Environmental Impact if an event occurs

What happens when a project is referred to the CEQ?

***Project can not proceed until referral is resolved Possible actions by the CEQ: -Conclude the matter has been resolved -Send matter back for further coordination -Publish findings/recommendations -Submit matter to the President for resolution

What is the purpose of an EIS?

-Action forcing mechanism -Information disclosure device -Problem solving tool -Consensus building opportunity

Why might a closely related action be considered "connected" for NEPA consideration?

-Actions may need to be undertaken simultaneously for a project -Impacts may be cumulative

What are the five mitigation techniques outlined in NEPA?

-Avoiding impacts by not taking certain actions -Minimizing impacts by limiting the degree or magnitude of decision -Rectifying impacts by repairing, rehabilitating, or restoring the affected environment -Reducing or eliminating impacts through preservation and maintenance -Compensation for impacts by replacing or providing substitute resources

What is the purpose of NEPA?

-Declare a national environmental policy -Promote efforts to prevent environmental damage -Enrich understanding of the ecosystem and natural resources -Establish the Council on Environmental Quality

What are the steps in the EIS preparation process?

-Determine lead agency -Prepare environmental assessment -Notice of intent -Conduct scoping process -Prepare draft EIS -Circulate draft EIS for review -File draft EIS with EPA -Hold public hearing if required or desired -Prepare final EIS -Circulate final EIS -File FEIS with EPA -Adopt final EIS -Make agency decision -Prepare record of decision

What are the required federal decision making procedures?

-Ensure that environmental documents accompany a proposal through the federal agency's decision process -Ensure that decisions are made in accordance with NEPA's policies -Ensure that alternatives are adequately considered

What must be included in the Record of Decision?

-Explanation of decision -Factors considered in decision making -Alternatives considered and environmentally preferred alternatives -Adopted mitigation measures or reasons why mitigation measures were not adopted -Monitoring and enforcement program for adopted mitigation measures

Why might a project be categorically excluded?

-Extraordinary circumstances(i.e. endangered animal habitat) -Agency specific Exclusion -Actions in progress

Environmental cross-cutters

-Federal laws and executive orders that apply by their own terms to federal actions and activities receiving federal financial assistance. -ECCs address impacts to specific resources, conditions, or issues

How did we get to NEPA?

-Growing sentiment of environmental responsibility -High profile environmental disasters(TV played a role; Torrey Canyon) -Influential people got involved -Nixon was a lil bitch and was scared of the public

What questions are generally asked in Phase 1 of EIA process?

-Is there actually a proposed action? -Is the action actually under NEPA? -Is the action Federal? -Has Congress exempted action from NEPA? -Is there a statutory conflict that precludes NEPA compliance? -Does a categorical exclusion apply? -Will proposed federal action cause significant impact?

What 3 things are necessary for the public to become active on a political issue/ force an issue to become political?

-It is highly visible • The general public is aware of the problem, and • The issue arouses emotion among an influential segment of the populace

Laws vs. Regulations

-Laws go through the bill process​ -Regulations are created by a governmental agency​ -Laws govern everyone equally​ -Regulations align with the agency managing the resource and the user of the resource​ e.g. A law can govern the actions of both the EPA and FBI, but the EPA cannot write regulations that are enforceable in the FBI​ -Changing each requires different procedure​

Who can prepare an EIS?

-Lead agency -Contractor(Must be vetted for conflict of interest and all work must be reviewed/approved by lead agency) -State Transportation Agency -Local Housing Authorities -Project stakeholder - requires evaluation

When time limits are set for an EIS, consider:

-Potential environmental harm from the proposed action -Size of the proposed action -State of the art analytical techniques -Degree of public need for the proposed action (and consequences for delay) -Number of persons, agencies -Degree to which relevant information is known -Degree of controversy -Other time limits (from law, res, Exec. Order)

What are the 3 types of EISs?

-Project Specific(One Project)(Most Common) -Programmatic(Broad EIS for multi-projects)(Common elements may be geography, demographic/project elements, stages of development) -Legislative(Requires a great deal of cooperation)

NEPA was created to:(6 things)

-Supplemental legal authority -Procedural reform -Disclosure of environmental information -Resolution of environmental problems -Fostering intergovernmental coordination and cooperation -Entrancing public participation in government planning and decision making

What are the 8 degrees of severity of impact?

-The degree to which the proposed action affects public health or safety -The degree of unique characteristics in the geographic area -The degree to which the effects are likely to be highly controversial -the degree to which the action would establish precedent for future actions -the degree to which possible effects are highly uncertain or involve risks -the degree of effect on sites listed in the Nation Register of Historic Place -the degree of effect on threatened or endangered species or their habitat -the degree to which the action conflicts with local, state, or other federal laws

What 4 things are included in an EA?

-The need for a proposed action -Proposed action and alternatives -Environmental impacts of the proposed action and the alternatives -List of agencies and persons consulted

What must an agency think about before making a decison?

-Think about the environment when planning any major action -Closely examine the need for and objectives of proposed actions, especially resource intensive actions -Diligently search for alternatives that will not degrade the environment -Evaluate anticipated environmental effects in order to clearly present choices to decision makers and the public -Keep the federal decision making process open, honest, and cooperative

Wicked Problems

-Those looking at the problem cannot fully grasp its size and shape -Those trying to solve the problem are part of the problem -We may not have the right tools/tools may not yet exist -Problem is unique/never happened before, so looking to the past is ineffective

What are the USDOT EJ Guidance & Requirements​?(Tehron's Class)

-To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process;​ -To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects​ -To prevent the denial of, reduction in, or significant delay in the receipt of benefits​

What 3 things does the scoping process identify?

-important issues and concerns -areas not of concern for a particular project/action -other legislative or regulatory compliance

Why might an action, at Final EIS, be environmentally unacceptable?

-possible violations -severity, duration, or geographical scope of impacts -availability of environmentally preferable alternative -importance as a precedent **Is then referred to the CEQ

Risk Assessment

-the evaluation of the degree of harm or danger from some condition such as exposure to a toxic chemical -Misinformation can be used to warp steps

What alternative plan must always be included in every EIS?

A 'no action' or 'no build' alternative

What is mitigation?

A solution to an identified environmental problem.

What does CE stand for?

Categorical exclusion

What does CI stand for?

Categorical inclusion

CEQ

Council for Environmental Quality -A framework for collaboration between federal agencies and those who will bear the environmental, social, and economic impacts of their decisions -Acts as a mediator for disputes regarding NEPA

Interactive Impacts

Different sources of impact affect the same resource

What agency was formed at the same time as NEPA?

EPA and NOAA

EA

Environmental Assessment -A concise public document that analyzes the environmental impacts of a proposed federal action and provides sufficient evidence to determine the level of significant impact

What criteria was added to the NEPA process under Bill Clinton's presidency?

Environmental Justice guidelines per the CEQ

EPA

Environmental Protection Agency(1970) -Mission is to protect human health and the environment(in that order!)

The CEQ belongs to which branch of government?

Executive Branch

What is integration?

Federal agencies must integrate other federal and state environmental requirements applicable to a project within the NEPA process. This is to avoid duplication of paperwork, reduce cost, and adhere to the "one project, one document" motto.

FONSI

Finding of No Significant Impact -If after investigation and drafting of the environmental assessment no substantial effects on the environment are found the agency may produce a Finding of No Significant Impact (FONSI). A FONSI presents the reasons why an action will not have a significant effect on the human environment.

Indirect Impact

Impacts that are removed geographically or in time from the action

What is executive order 12898?

Implemented Under Clinton's Presidency, Feb. 1994 Environmental Justice To the greatest extent practicable and permitted by law each federal agency shall make achieving environmental justice a part of its mission by identifying and addressing mental effects of its programs, policies, and activities on minority and low-income populations in the US.

Intensity

Intensity is the severity to which an impact from a federal project or action will be on the human environment

what is the "human environment"?

It shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment. (See the definition of "effects" (§ 1508.8).) This means that economic or social effects are not intended by themselves to require preparation of an environmental impact statement. -Natural Environment -Built environment -Human health

Public review​

Must be readily available, for a fixed period​ Minimum 30 days if:​ -Borderline case with reasonable argument that an EIS should be prepared​ -Unusual case, new action, precedent setting​ -Controversial​ -Similar to a case that would usually require an EIS​ -Located in floodplain or wetland

NEPA

National Environmental Policy Act(1970) -Provides an interdisciplinary framework for federal agencies to prevent environmental damage and contains "action forcing" procedures to ensure federal agency decision makers take environmental factors into account

Does NEPA allow for national security exemptions? Which ones?

No, it does not. Sike, got you, nerds.

Mitigated FONSI

Occurs when preliminary EA analysis shows significant effects, but they can be mitigated to less than significant levels.​

What is section 106?

Part of the National Historic Preservation Act, federal agencies are required to identify historical or archaeological properties near proposed project sites

What are the three phases/triage of the NEPAs process?

Phase 1: Does this qualify under NEPA? Phase 2: EA Creation/FONSI Phase 3: Determination of EIS

What is Section 10 under the ESA?

Proposed actions with no federal agency involvement and therefore no formal procedure by which to receive incidental take authorization in Section 7 biological opinion may be authorized by USFWS or NMFS for the incidental take of an endangered species(if you remember Danielle's EIS, this was what it was about)

Major Federal Action

Refers to the actions proposed by either a federal agency or nonfederal entity if the action is subject to some sort of federal control

Tiering

Refers to the coverage of general matters in broader environmental impact statements (such as national program or policy statements) with subsequent narrower statements or environmental analyses (such as regional or basinwide program statements or ultimately site-specific statements) incorporating by reference the general discussions and concentrating solely on the issues specific to the statement subsequently prepared.

Cultural-Experiential Model of Risk

Risk=Hazard + Outrage Factors of Outrage: -Voluntariness(Do I allow this to happen to me?) -Control(Can I get away from this?) -Fairness(Will this happen to me or will it happen to you?) -Diffusion in time and space(actual time frame of an issue)

What is section 404?

Section 404 of the Clean Water Act authorizes the army corps of engineers to issue permits for discharges of dredged or fill material that could affect navigable waters

How do we define significance?

Significance is defined through context and intensity.

Where and when are new EISs available for agency/public review?

The Federal Register and every Friday

What is a lead agency?

The agency heading the EIAs process; often the agency with the most expertise in the area or with the "most skin" in the process

Environmental Impact Statement

The detailed statement required by NEPA when an agency proposes a major federal action significantly affecting the quality of the human environment

Context

The geographic location of a federal project or action

Additive Impact

When the same sources of impacts in 2 or more projects affect the same restrictions

Cumulative Impact

Where actions themselves do not have significant effect, but when combined with other projects or action can cause adverse effects -Two types of cumulative impact: Additive and Interactive

Who's gonna pass this test?

You are! Go kick some ass!

Land ethic

a philosophy that seeks to guide the actions when humans use or make changes to the land.

Risk communication

any public or private communication that informs individuals about the existence, nature, form, severity, or acceptability of risks

Scoping

the process by which lead agencies solicit input from the public and interested agencies on the nature and extent of issues and impacts to be addressed in the EIS and the methods by which they will be evaluated.

Causation

​Determine whether a proposed action would cause or contribute to a resulting environmental impact. -Reasonable foreseeable effects​ -Explain why some aspects were investigated and others not​ -NEPA allows for agencies to draw the boundaries