10
Feb
Take Action: Save the National Environmental Policy Act (NEPA)
(Beyond Pesticides, February 10, 2020) Through the publication of Rachel Carson’s Silent Spring, pesticide dangers became a major driver for the environmental movement. Perhaps the most effective piece of environmental legislation is the National Environmental Policy Act (NEPA). Because NEPA requires a wide-ranging evaluation of the potential environmental impacts of federal actions, as well as alternatives, it serves as a model for environmental decision making. Now key elements of NEPA are under attack by the Trump Administration.
NEPA established the Council on Environmental Quality (CEQ) as the agency within the White House that is responsible for carrying out the purposes of the act. The regulations established by the CEQ have persisted through changes in administrations for more than 30 years without major modification. Changes proposed by the Trump Administration’s CEQ threaten this model decision-making process.
NEPA is a procedural law. It sets no environmental standards, but sets a standard for evaluating environmental impacts of proposed federal actions. It requires that federal agencies consider the short-term, long-term, and cumulative impacts of actions and disclose them to the public. Courts have ruled, for example, that registration of a pesticide by EPA is not sufficient to address environmental concerns under NEPA.
The Trump CEQ proposal will weaken NEPA regulations in a number of ways:
- It will limit the scope of required review to exclude from NEPA review non-federal projects with minimal federal funding or minimal federal involvement.
- It will remove the requirement for cumulative impact analysis, an important component of NEPA review. This removes the examination of greenhouse gas emissions.
- It advises agencies to evaluate the applicability of NEPA in a way that conflicts with NEPA’s requirement that “the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act.â€
- It defines the universe of “reasonable alternatives†that must be considered in a restrictive way, requiring “economic feasibility†and that they “meet the goals of the applicant.â€
- It establishes tight time requirements for completing environmental assessments –time limits that are not currently met by most assessments. While this may eliminate some wasted time, it also limits the depth of analysis.
Petition to CEQ
(Comment to CEQ that must be submitted to Regs.gov by March 10. https://www.regulations.gov docket number CEQ-2019-0003)
NEPA requires that federal agencies perform a comprehensive, cumulative, in-depth analysis of the environmental impacts of proposed federal actions and alternatives to them. NEPA establishes a standard of decision-making for all federal agencies. CEQ’s proposed changes to NEPA regulations are unacceptable and should be scrapped. They would:
*Unreasonably limit the scope of required review;
*Remove the requirement for cumulative impact analysis and the examination of greenhouse gas emissions;
*Conflict with NEPA’s requirement that “the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act;â€
*Define the universe of “reasonable alternatives†that must be considered in a restrictive way, requiring “economic feasibility†and that they “meet the goals of the applicant;†and
*Establish tight time requirements for completing environmental assessments –time limits that are not currently met by most assessments, limiting the depth of analysis.
Thank you for your consideration.
We only have 1 environment!!!! Once it is degraded by development is is GONE!!!!
February 18th, 2020 at 2:35 pmThis law is the best way to make sure that ANY development or actions by the Federal Government and it’s agencies are in keeping with sound Environmental policy that saves habitat, wildlife, water resources and prevents environmental degradation!
When we disrespect and destroy our world, our only home, and all the creatures in it, with no consideration of the future generations then that is the beginning of our own demise. So shortsighted, ignorant and greedy.
February 19th, 2020 at 3:05 pm