NEPA in the United States
Steps to Modernize and Reinvigorate NEPA
Enacted in 1970, the National Environmental Policy Act is a cornerstone of the United States’ efforts to protect the environment and a fundamental tool to harmonize our economic and environmental aspirations. It recognizes that many Federal activities affect the environment and mandates that Federal agencies consider the environmental impacts of their proposed actions before acting. NEPA emphasizes public involvement in government actions affecting the environment by requiring that the benefits and the risks associated with proposed actions be assessed and publicly disclosed.
On December 18, 2014, the White House Council on Environmental Quality (CEQ) released revised draft guidance on how Federal agencies should consider the effects of greenhouse gas emissions and climate change in National Environmental Policy Act reviews of their proposed actions. The revised draft guidance supercedes the draft guidance issued by the Council on Environmental Quality in February 2010, and applies to all Federal agency actions, including land and resource management actions. The Council on Environmental Quality extended the public comment period on the revised draft guidance for an additional 30 days, with the comment period now closing on March 25, 2015.
On December 18, 2014, the Council on Environmental Quality also released the final guidance on when and how Federal agencies can effectively use the National Environmental Policy Act programmatic reviews. Guidance on programmatic NEPA reviews had been requested by the agencies and attention on programmatic the National Environmental Policy Act reviews has increased as agencies undertake more broad landscape scale analyses for proposals that affect the resources they manage. The guidance addresses how agencies can prepare such reviews to ensure the reviews are prepared in an efficient and timely manner and provide information that is useful for advancing decision-making.
Previously on February 18, 2010, the White House Council on Environmental Quality proposed several steps to modernize and reinvigorate the NEPA (see below), in conjunction with its 40th Anniversary. These measures are designed to assist Federal agencies to meet the goals of the National Environmental Policy Act, enhance the quality of public involvement in governmental decisions relating to the environment, increase transparency and ease implementation.
In addition, the Council on Environmental Quality has worked with the Office of Management and Budget and the Federal agencies on several sector specific initiatives. The Administration formed rapid response teams to help expedite the review process for transportation, and transmission projects and improve the overall quality and timeliness of federal permitting and environmental reviews. These rapid response teams help to meet the goals of President Obama’s memorandum on “Speeding Infrastructure Development through More Efficient and Effective Permitting and Environmental Review”.
Steps to Modernize and Reinvigorate the National Environmental Policy Act
Draft Guidance on the Consideration of Greenhouse Gases
CEQ is releasing draft guidance for public comment on when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions. CEQ has been asked to provide guidance on this subject informally by Federal agencies and formally by a petition under the Administrative Procedure Act. The draft guidance explains how Federal agencies should analyze the environmental impacts of greenhouse gas emissions and climate change when they describe the environmental impacts of a proposed action under NEPA. It provides practical tools for agency reporting, including a presumptive threshold of 25,000 metric tons of carbon dioxide equivalent emissions from the proposed action to trigger a quantitative analysis, and instructs agencies how to assess the effects of climate change on the proposed action and their design. The draft guidance does not apply to land and resource management actions and does not propose to regulate greenhouse gases. CEQ will receive public comment on this guidance for 90 days.
Draft Guidance Clarifying Appropriateness of “Findings of No Significant Impact” and Specifying When There is a Need to Monitor Environmental Mitigation Commitments
Many Federal actions receive an environmental review, known as an Environmental Assessment. In those instances, NEPA compliance is usually completed with a “Finding of No Significant Impact” (FONSI) on the environment, thus a more detailed Environmental Impact Statement is not required. The draft guidance clarifies that the environmental impacts of a proposed action may be mitigated to the point when the agency may make a FONSI determination. When the FONSI depends on successful mitigation, however, such mitigation requirements should be made public and be accompanied by monitoring and reporting. The draft guidance also applies to monitoring and reporting of mitigation commitments agencies make in an EIS and Record of Decision. CEQ has released this draft guidance for 90 days of public comment.
Revised Draft Guidance Clarifying Use of Categorical Exclusions
Many Federal actions do not have significant effects on the environment. When these actions fall into broad categories of activities, agencies may apply a “categorical exclusion” from further NEPA review. This draft guidance clarifies the rules for categorical exclusions and ensures that there is a concise public record when agencies apply them. While CEQ previously has sought public comments on this matter, this guidance provides additional clarifications, so it will seek additional public comment for 45 days.
Enhanced Public Tools for Reporting on NEPA Activities
Technology has greatly enhanced the government’s transparency and accountability and these tools have improved the quality of governmental decision-making, including decisions made following a NEPA analysis. CEQ has updated its NEPA webpage, www.nepa.gov, and is providing a wide range of information about NEPA through this portal. CEQ continues to upgrade this site to include the status of reviews of agency NEPA guidance, Recovery Act NEPA reporting, and real-time NEPA review status. These upgrades are designed to improve public participation and the quality of Federal agency administration of NEPA.
Initiatives
Additional information on the various the CEQ´s National Environmental Policy Act initiatives are provided below:
NEPA Pilot Projects Program
As part of the effort to improve the National Environmental Policy Act implementation, the Council on Environmental Quality selected five the National Environmental Policy Act Pilot Projects to foster innovative approaches to completing environmental reviews more efficiently and effectively. From 2011 through 2015, the Council on Environmental Quality worked with the relevant Federal agencies to implement and track the pilots in an effort to evaluate their outcomes, highlight lessons learned on time- and cost-saving approaches, and develop recommendations for Federal agencies to consider as they review their environmental programs and NEPA implementation.
NEPA Handbooks
In March 2013 the Council on Environmental Quality and the Advisory Council on Historic Preservation released a handbook that encourages more efficient environmental reviews under the National Environmental Policy Act by integrating the the National Environmental Policy Act process with the review processes of the National Historic Preservation Act Section 106. This handbook provides advice to Federal agencies, applicants, project sponsors, and consultants on how to take advantage of existing regulatory provisions to align the NEPA process and the National Historic Preservation Act (NHPA) Section 106 review process.. In February 2014 CEQ and the California Governor’s Office of Planning and Research (OPR) have jointly prepared the handbook “NEPA and CEQA: Integrating Federal and State Environmental Reviews.” The handbook provides practitioners with an overview of NEPA and CEQA as well as suggestions for developing a single environmental review process that can meet the requirements of both statutes. These handbooks will facilitate quicker, more informed Federal decision-making on projects that impact American communities and help agencies improve efficiency, maximize staff resources, and reduce costs.
Enhanced Public Tools for Reporting on NEPA Activities
Note: Access the updated www.nepa.gov website.
The Council on Environmental Quality continues to upgrade this site to include the status of reviews of agency NEPA guidance, Recovery Act NEPA reporting, and real-time the National Environmental Policy Act review status. These upgrades are designed to improve public participation and the quality of Federal agency administration of the National Environmental Policy Act.