Basic NEPA
DAY 1
Writing the Perfect FONSI
Ultimate conclusions
Basic conclusions
Evidence
Reasons
Timing the NEPA process to the decision making process
Idea
Proposal
Recommendation or report
Decision action
Monitoring, supplements
Eight good reasons not to prepare an EIS
Writing the perfect EA or EIS
Eight plain-language questions any EA or EIS should readily answer
Writing the perfect ROD
Double winnowing
SCOPE: Alternatives
Proposal for action
Need underlying the proposal
Action alternatives:
- Alternative places to go
- Alternative ways to get there
No-action alternative
Mitigation not included in the proposal
Decision factors
Writing the perfect cumulative impacts analysis
Actions:
-Reasons to lump
-Reasons to split
Impacts:
-Direct, indirect, and cumulative
-Increments to past, other present, and reasonably
foreseeable future actions
Writing the perfect cumulative impacts analysis, continued
Administrative Record
DAY 2
SCOPE: Alternatives
Proposal for action
Need underlying the proposal
Action alternatives:
- Alternative places to go
- Alternative ways to get there
No-action alternative
Mitigation not included in the proposal
Decision factors
Writing the perfect cumulative impacts analysis
Actions:
-Reasons to lump
-Reasons to split
Impacts:
-Direct, indirect, and cumulative
-Increments to past, other present, and reasonably
foreseeable future actions
Writing the perfect cumulative impacts analysis, continued
Administrative Record
Advanced NEPA:
Types of questions that will be asked and answered:
- What is an extraordinary circumstance that would take an action normally excluded out of consideration for categorical exclusion?
- Is a no-action alternative absolutely necessary in an environmental assessment?
- What is an environmental baseline?
- What is an appropriate alternative for a proposal involving unresolved conflicts over alternative uses of available resources?
- What is an adverse environmental effect that cannot be avoided?
- When is an issue or matter relevant and when is it not?
- What is the threshold for supplementing an EA?
- Can a programmatic EIS on a long-term plan of actions be supplemented with dozens, scores, or even hundreds of EAs/FONSIs on the many actions that implement the plan of actions over time? If the plan of actions has significant consequences, at what point does the accumulation of implementing actions become significant?