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Feb 20, 2024
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Sierra Marquardt PLG-203-2310 Al Instructor McGrath-Cruz December 27, 2023 Environmental Impact Statements (EIS) are reports required by federal law that outline what impacts a project would have on the environment. The purpose of an EIS is to inform the public about proposed projects and the effects these projects could potentially have on the environment and communities. The reports contain information regarding the health and development of the environment and impact on the communities. An EIS is a tool for policy makers that helps provide oversight on how legislation could be enforced and provides protocol on how the public can provide input into a proposed project. These reports are mandated by the National Environmental Policy Act of 1969 (NEPA). NEPA provided for the framework for protecting our environment by ensuring all branches of the government consider the environment prior to commencing any action that significantly affects the environment. Under NEPA, any federal action that could significantly impact the environment must have prepared an environmental assessment (EA) to assess the need for an EIS. If it is determined an EIS is necessary, then a notice of intent is issued but if an EIS is not necessary, a finding of no significant impact statement (FONSI) is issued. The EPA would have to draft an EIS and make it available for public review which will receive a response in the final EIS. The final EIS must detail the potential adverse environmental impacts the proposed project may have as well as the alternatives and resources used in connection to the project. Here, the Court may instruct the completion of an EA to assess the need for an EIS if PAN brings the claim that the EPAs actions were not in accordance with the law for failing to meet NEPA'’s requirements. NEPA requires that environmental values be integrated into the decision making processes by requiring an agency to fully consider the impacts a project has on the environment. NEPA created a national policy to protect, maintain and enhance the environment. This policy, among other things, requires agencies to fully consider the environmental impact of a proposed project, consult with other agencies, to analysis and document the information and make it available for public comment prior to implementing any action that could adversely affect the environment. NEPA also requires that agencies explore possible alternatives to the proposed project and fully weigh the impact on the environment to the project itself. NEPA imposes these requirements to avoid, minimize or mitigate the adverse impacts a project may have on the environment and ensure that all agencies adhere to the policies.
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