Historical Background to NEPA Early 60’s – Congress starts to consider growing pollution problem Early 60’s – Congress starts to consider growing pollution problem Cuyahoga River Cuyahoga River Rachel Carson Rachel Carson Earth Day Earth Day Richard Nixon Richard 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 Act (NEPA) Mandates prediction of environmental effects of Federal actions Mandates prediction of environmental effects of Federal actions Defines Federal actions as those involving an expenditure of Federal money or requiring Federal oversight and approval Defines Federal actions as those involving an expenditure of Federal money or requiring Federal oversight and approval Places authority for NEPA regulation with the Council on Environmental Quality Places authority for NEPA regulation with the Council on Environmental Quality

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

The EIS Process NEPA Regulations Agency announces Intent to Act Agency announces Intent to Act Scoping Scoping [Environmental Assessment (EA)] [Environmental Assessment (EA)] Draft Env. Impact Statement (DEIS) Draft Env. Impact Statement (DEIS) Public comment and public hearings Public comment and public hearings Final EIS issued Final EIS issued

Impacts Evaluated in EA Social – political, cultural Social – political, cultural Economic – cost/benefit Economic – cost/benefit Environmental Environmental Landscape Landscape Biota Biota Note: if the EA suggests there is no clear evidence that significant environmental impacts are likely to occur then an EIS is not usually prepared

Environmental Impact Statement (EIS) Device to force consideration of planned action on environment Device to force consideration of planned action on environment Full and fair discussion of significant environmental impacts Full and fair discussion of significant environmental impacts Develop reasonable alternatives to action Develop reasonable alternatives to action Supposed to be more than just disclosure Supposed to be more than just disclosure

What are environmental impacts? Short-term – construction impacts Short-term – construction impacts Long-term Long-term – permanent changes – permanent changes - cumulative impacts (combined incremental - cumulative impacts (combined incrementaleffects) Irretrievable losses – exploitation of non- renewable natural resources (eg. oil, coal mining) Irretrievable losses – exploitation of non- renewable natural resources (eg. oil, coal mining) Can be mitigated - restoration Can be mitigated - restoration

What is wrong with the EIS process? Analysis – quantitatively week  2/3 of EISs contain no quantitative predictions Analysis – quantitatively week  2/3 of EISs 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 EIS Cost – 1-3% of project budget goes to EIS Mean > $200,00, 16 months Mean > $200,00, 16 months Litigation – usually decided on process not analysis Litigation – usually decided on process not analysis

How are controls implemented without using an EIS? NPDES permit NPDES permit Air quality permit Air quality permit Army Corps of Engineers wetlands permit Army Corps of Engineers wetlands permit Etc. Etc. Note: permits ask specific questions, if answers are wrong  fines are levied, even if project is underway Permits!

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