A federal agency
February 11th, 2023
1. A federal agency wants to create a disposal facility for nonhazardous waste. A site has been selected, but agency officials refuse to prepare an EIS. The officials argue that there will be no significant impact on the quality of the human environment. Even if it appears that humans are unlikely to be effected, must some environmental review or assessment be undertaken by the federal agency under NEPA?
2. One of the divisions of the Department of Agriculture has a major project and has completed a draft EIS. The new director of the agency, Agnus Agriculture, wants to publish this draft EIS, but she is not sure how to do so, or where she should publish it. Where does the agency publish a draft EIS?
Answer:
- Yes, under the National Environmental Policy Act (NEPA), a federal agency must undertake some form of environmental review or assessment if it is proposing to take a major action that may have significant impacts on the environment. This includes the preparation of an Environmental Impact Statement (EIS) if necessary. Even if it appears that the proposed disposal facility for nonhazardous waste will not have a significant impact on the quality of the human environment, the agency must still consider the potential impacts and document its analysis and decision-making process.
- The draft Environmental Impact Statement (EIS) should be published in a publicly accessible location, such as a federal website or the Federal Register, to allow for public comment and input. The agency should also provide opportunities for public involvement and hearings to ensure that all relevant stakeholders have a chance to provide input and have their concerns addressed. The final EIS should reflect any changes or modifications made in response to public comments. The director of the agency, Agnus Agriculture, should consult with the agency’s NEPA staff and legal counsel to determine the best course of action for publishing the draft EIS.
