Finding of No Significant Impact in the United States

Finding of No Significant Impact (FONSI) in Environmental Law

The National Environmental Policy Act requires federal agencies to consider the impact of all major federal actions that significantly affect the environment. In the beginning of any major project, the agency proposing the action must go through a screening process called an environmental assessment to determine whether an environmental impact statement (an in-depth evaluation) must be done. The agency may decide after the environmental assessment that the action will not cause a serious consequence to the environment. In most situations, it then issues a finding of no significant impact (FONSI).

The key elements that trigger the need to follow the steps outlined in the National Environmental Policy Act are these: the action must be (1) federal, (2) major, and (3) likely to have a significant effect on the quality of the environment. Some actions are easily identified as federal actions, but others may be less obvious. If the federal government is building a highway, for example, the project is clearly a federal action. However, the federal government is peripherally involved in many projects, such as state highways, since it issues federal permits and awards grants. That sort of federal involvement is sufficient to make the proposed permit or grant a federal action.

Not all federal actions will require a finding of no significant impact before the agency can decide not to do a complete analysis. Each agency has its own regulations describing how the National Environmental Policy Act will be implemented. They specify what type of agency actions will not be subject to the law’s requirements because they cannot cause meaningful distress to the environment. If the proposed action falls within these categories, an environmental assessment is not necessary.

Assuming the federal action is not within the excluded classifications, the FONSI discusses why the proposed action will not have a significant impact on the environment. It must be accompanied by the environmental assessment or a summary of it. In some cases, the FONSI must be available to the public for 30 days before the action starts. If the action usually merits an environmental impact statement or if the type of action is the first of its kind, public access and opportunity to comment is required. Although the public does not have to be included in the environmental assessment process to the same degree required for an environmental impact statement, the agency benefits from public participation. Public involvement at the early stages lessens the likelihood of attacks on the action later if the agency issues a FONSI.
Based on “Environment and the Law. A Dictionary”.