1st Edition

Preparing NEPA Environmental Assessments A User’s Guide to Best Professional Practices

By Charles Eccleston, J. Peyton Doub Copyright 2012
    316 Pages 7 B/W Illustrations
    by CRC Press

    316 Pages 7 B/W Illustrations
    by CRC Press

    Although upwards of 50,000 environmental assessments (EAs) are prepared annually—compared to some 500 environmental impact statements (EISs)—the focus of U.S. National Environmental Policy Act (NEPA) regulations is on defining requirements for preparing EISs. Written by Charles Eccleston and J. Peyton Doub, who have established themselves among the top environmental experts in the world, Preparing NEPA Environmental Assessments: A User’s Guide to Best Professional Practices fills the need for an authoritative and comprehensive guide on how to prepare EAs.

    Bridging the regulatory gap, this book identifies relevant EIS regulatory requirements that can be logically interpreted to also apply to EAs. It compiles and synthesizes information scattered throughout NEPA’s regulations, executive orders, and guidance documents, and incorporates case law to provide additional clarification. The authors also draw on the professional experiences and best professional practices (BPP) of NEPA practitioners.

    From the fundamentals to more advanced topics, the book presents a consistent methodology to help beginners, students, and professionals manage, analyze, and write legally sufficient EAs. It addresses dilemmas that have traditionally plagued preparation of EAs, provides BPPs, tools, and approaches for resolving problems, and introduces methods for streamlining the EA process.

    Building on Eccleston’s previous guide to EAs, Effective Environmental Assessments: How to Manage and Prepare NEPA Assessments (2001), this book reflects the rapid changes in government policy over the past ten years. An indispensable source of practical information, it provides readers with step-by-step direction and best practices for preparing defensible EAs.

    Section 1: The NEPA Environmental Assessment Process

    Overview and Historical Development of NEPA
    Introduction
    Origin of Environmental Movement
    The Historical Development of NEPA
    Brief Overview of NEPA
    The NEPA Regulations
    Overview of the NEPA Planning Process
    References

    General Concepts and Requirements
    Introduction
    NEPA is a Planning and Decision-Making Process
    Interim Actions
    Integrating NEPA with Other Requirements
    Conducting an Early and Open Process
    Scoping
    Systematic and Interdisciplinary Planning
    Writing Documents in Plain English
    Incorporation by Reference
    Adopting Another Agency’s EA
    Methodology
    A Fair and Objective Analysis
    Dealing with Incomplete and Unavailable Information
    References

    NEPA and Environmental Impact Analysis
    Introduction
    Actions
    Environmental Disturbances
    Receptors and Resources
    Impact Analysis
    Significance
    Mitigation and Monitoring
    References

    The Threshold Question: Determining Whether an EA or an EIS is Required
    Introduction
    Proposals
    Legislation
    Major
    Federal
    Actions
    Significantly
    Affecting
    Human Environment
    Categorical Exclusions
    Long Versus Short Environmental Assessments
    References

    The Environmental Assessment Process
    Introduction
    Planning the Environmental Assessment
    The Analysis in an EA
    Streamlining the EA Compliance Process
    Issuing a Finding of No Significant Impact
    The Administrative Record
    Serving as an Expert Witness
    References

    The Environmental Impact Assessment
    Introduction
    Sliding-Scale Approach
    Identifying Alternatives
    Impacts
    Human Health Effects
    Accident Analyses
    Considering Other Environmental Requirements
    Environmental Justice
    References

    Writing the Environmental Assessment
    Introduction
    General Direction for Preparing an EA
    Typical Contents of an Environmental Assessment
    Performing the Analysis
    Specific Documentation Requirements and Guidance
    References

    Assessing Significance
    Introduction
    Definitions and Use of the Term "Significance"
    General Procedure for Determining Significance
    Significant Beneficial Impacts
    References

    The Finding of No Significant Impacts
    Introduction
    Reaching a Determination of Nonsignificance
    Preparing the FONSI
    Mitigated FONSIs
    References

    Section 2: NEPA Case Law and Non-NEPA Environmental Assessment Documents

    An Overview of NEPA Law and Litigation
    Principles Underlying Legal Interpretations of NEPA
    Process for Passing Laws and Regulations
    Interpreting NEPA’s Regulatory Requirements
    A Substantive Versus Procedural Process
    Requirements for Bringing a Successful Environmental Lawsuit
    The Litigation Process
    Legal Standards Applied in Reviewing NEPA
    Judicial Remedies in NEPA Suits
    Recent Case Law Involving NEPA
    EA Case Law and EAs
    Study of Alternatives Analysis in NEPA Documents
    Other Cases Reflecting on the Preparation of EAs
    References

    Specialized Non-NEPA Environmental Assessment Documents
    Introduction
    The Phase I Environmental Site Assessment
    The Cell Tower NEPA Review
    The Biological Assessment
    Environmental Assessments and State NEPA Programs
    References

    Summary
    Introduction

    Index

    Biography

    Charles H. Eccleston is listed in Marquis’ Who’s Who in the World and Who’s Who in America as a nationally recognized NEPA authority. He is a consultant, author, and lecturer with some 30 years experience in NEPA, environmental policy, and analyzing the impacts of projects and energy-related policies. He also frequently consults on NEPA lawsuits. He is the author of nine books and 80 professional publications. Some of his recent books include:

    J. Peyton Doub, CEP, PWS, is an Environmental Scientist and expert in preparing EAs. He has more than 20 years experience preparing EAs and EISs, wetlands and natural resources investigations, and other environmental reports. He is the author of The Endangered Species Act: History, Implementation, Successes, and Controversies (CRC Press, 2012).

    Praise for the previous book, Effective Environmental Assessments: How to Manage and Write NEPA Assessments (CRC Press, 2001):

    "Mr. Eccleston has written a most thorough guide to managing and preparing EAs that puts NEPA back into its original perspective—a planning and decision-making tool … comprehensively covers the EA process … provides practical guidance for effectively preparing an analysis …"
    —Mr. Russell W. Peterson, Former Governor of Delaware and Former Chairman of the Council on Environmental Quality (CEQ)

    "NEPA is the cornerstone of our environmental statutory structure and provides a strategic look for long-range planning. By explaining the environmental assessment process in a scholarly, yet easily understandable way, Charles Eccleston has performed an enormous service for all who care about the protection of our country's—and indeed the world's—environment."
    —Michael R. Deland, Former Chairman, Council on Environmental Quality

    "Charles Eccleston has performed a real service in authoring Effective Environmental Assessments: How to Manage and Write NEPA Assessments. The book fills a void and concentrates on environmental assessments, a critical but underemphasized part of the NEPA process. It is, furthermore, both useful and user-friendly."
    —Nicholas C. Yost, Sonnenschein Nath & Rosenthal, former General Counsel of the CEQ charged with responsibility for writing the 1978 CEQ NEPA Regulations