Environmental Impact Statement in the United States

Environmental Impact Statement (EIS) in Environmental Law

A report required by the National Environmental Policy Act that analyzes the effects of a proposed “federal action” on the environment, suggests alternatives, and frequently examines methods of correcting (mitigating) any damages that might result. Through this process, Congress forces public officials to consider the consequences of actions on the environment, resulting in informed decisions. The EIS procedure is public, so the agency does not operate secretly.

An EIS must be prepared for “federal actions” unless the agency can demonstrate that the project will have no significant impact on the environment [see finding of no significant impact]. Any project that requires a permit from a federal agency is considered a federal action.

Guidelines for an EIS

The primary authority under the National Environmental Policy Act is the Council on Environmental Quality. That agency creates the regulations and oversees their implementation. The council has developed a recommended format and requires the following information: a discussion of environmental impacts, adverse environmental impacts that cannot be avoided, alternatives to the project, the relationship between short-term uses and long-term productivity, and irreversible commitments of resources. Of all the elements, the alternatives section is the most important.

Mechanics of an EIS

When a federal action is proposed, the agency involved must publish a notice of intent in the Federal Register. If more than one agency is involved, the agency with the most involvement becomes the lead agency.

Scoping is the next step, in which the agency determines the scope of the EIS. The agency must invite the public as well as the state, other agencies with expertise or concern, local governments, and affected tribal governments to participate in the process, along with the affected party and interested persons. During the scoping, the agency eliminates issues, determines the significant ones, sets limits on time and process.

The agency then reviews information in the first document prepared to determine whether the EIS was required (the environmental assessment). It begins to gather information from many sources and prepare the report. The agency must respond to any comments it gets and they must be attached to the EIS. After the agency prepares a draft and it goes through a period of public notice and comment, it is finalized. Then the agency must consider it, along with mitigation and alternatives, when it makes its decision.

Exclusions

If an agency proposes legislation, an EIS must be prepared within 30 days of transmittal to Congress. Usually it is only a draft. However, if the president originates the proposed legislation, no EIS is required, since executive office actions are not included in the definition of federal actions. Another exclusion is appropriations bills, which means that cutting the budget of an agency with environmental responsibilities does not require an EIS.
Based on “Environment and the Law. A Dictionary”.