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Environmental impact statement
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An environmental impact statement (EIS) under United States environmental law, is a document required by the National Environmental Policy Act for federal government agency actions "significantly affecting the quality of the human environment." A tool for decision making, an EIS describes the positive and negative environmental effects of proposed agency action - and cites alternative actions. Several US state governments have also adopted "little NEPA's," i.e., state laws imposing EIS requirements for particular state actions, such as an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA).
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IS typically has four sections:
purpose of NEPA is to promote informed decision-making by federal agencies by making "detailed information concerning significant environmental impacts" available to both agency leaders and the public.
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Encyclopedia
An environmental impact statement (EIS) under United States environmental law, is a document required by the National Environmental Policy Act for federal government agency actions "significantly affecting the quality of the human environment." A tool for decision making, an EIS describes the positive and negative environmental effects of proposed agency action - and cites alternative actions. Several US state governments have also adopted "little NEPA's," i.e., state laws imposing EIS requirements for particular state actions, such as an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA).
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Layout
An EIS typically has four sections:
- An Introduction including a statement of the Purpose and Need of the Proposed Action.
- A description of the Affected Environment.
- A Range of Alternatives to the proposed action. Alternatives are considered the "heart" of the EIS.
- An analysis of the environmental impacts of each of the possible alternatives.
Purpose
The purpose of NEPA is to promote informed decision-making by federal agencies by making "detailed information concerning significant environmental impacts" available to both agency leaders and the public.
Not all federal actions require a full EIS. If the action may or may not cause a significant impact the agency can prepare a smaller, shorter document called an Environmental Assessment (EA) first. The finding of the EA determines whether an EIS is required. If the EA indicates that no significant impact is likely, then the agency can release a finding of no significant impact (FONSI) and carry on with the proposed action. Otherwise, the agency must then conduct a full-scale EIS. Most EAs result in a FONSI.
Contrary to a widespread misconception, NEPA does not prohibit the federal government or its licensees/permittees from harming the environment, but merely requires that the prospective impacts be understood and disclosed in advance.
The NEPA process
The NEPA process is designed to involve the public and gather the best available information in a single place so that decision makers can be fully informed when they make their choices.
The process has the following steps:
- Scoping: When a project is first proposed, the agency announces it with a notice in the Federal Register, notices in local media, and letters to citizens and groups that it knows are likely to be interested. Citizens and groups are welcome to send in comments helping the agency identify the issues it must address in the EIS (or EA).
- Draft EIS: Based on both agency expertise, and issues raised by the public the agency prepares a Draft EIS with a full description of the affected environment, a reasonable range of alternatives, and an analysis of the impacts of each alternative. The public is then provided a second opportunity to provide comments.
- Final EIS and Proposed Action: Based on the comments on the Draft EIS, the agency writes a Final EIS, and announces its Proposed Action. The public is not invited to comment on this, but if they are still unhappy, or feel that the agency has missed a major issue, they may protest the EIS to the Director of the agency. The Director may either ask the agency to revise the EIS, or explain to the protester why their complaints are not actually taken care of.
- Record of Decision: Once all the protests are resolved the agency issues a Record of Decision which is its final action prior to implementation. If members of the public are still dissatisfied with the outcome they may sue the agency in Federal court.
See also
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