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NEPA COMPLIANCE

 

National Environmental Policy Act Compliance: Major Federal Permitting for Oil/Natural Gas Pipelines, Mine Mouth Power Plant/Surface Lignite Mining Facilities/Transportation/Land and Water Development Projects


How does NEPA Affect Your Project?

Laws and Regulations

The National Environmental Policy Act of 1969 (NEPA) mandates all federal agencies to review the effects of their actions and alternatives to same on the quality of the human environment. 

Federal actions include such things as the issuing of permits, promulgating new regulations, and financing of projects.

To perform an environmental review of a proposed action, the proposed project is superimposed upon both the existing (i.e., baseline) biophysical and socioeconomic parameters to assess the resulting beneficial and adverse impacts on the quality of the human environment. These environmental parameters are commonly referred to as "NEPA topics" and are addressed in varying degrees at the discretion of the federal agency, given its perception of the severity of negative impacts associated with the proposed action upon various site- and regional-specific parameters of the human environment. The environmental review often includes input from other coordinating agencies (as well as the general public) and can take several forms which may be progressive and/or approached in an iterative manner by the agency. For example, the federal agency's environmental review could begin and end with the submittal of a permit application, progress to the agency's (or permit applicant's) preparation of an Environmental Assessment (EA) or even progress to the agency's (or the permit applicant consultant) preparation of an Environmental Impact Statement (EIS) to address all agency and public concerns related to the proposed federal action.

 

What is Involved in an Environmental Review?

The scope of work to satisfy a specific permitting and/or approval agency at either the state or federal level begins with reviewing the proposed project with the agency to identify what environmental issues they perceive need to be specifically addressed in either an informal or formal form. Informal environmental review may be limited to specific data requested by the agency to review and include in their permitting process. More formal environmental reviews for larger complex projects can range from an Environmental Assessment (EA) to provide a basis for a potential Finding of No Significant Impact (FONSI) and no Environmental Impact Statement (EIS) required to a full-scale EIS. The time frame for completing environmental reviews can range from a few weeks to a few years, depending on the complexity of the project, the agency's perception of significant negative impacts, and potential public and private interest group intervention.

REGULATORY AGENCIES

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