General Background on NEPA

[Rick]

Here's some very simplified background on how NEPA works:

1. Only projects with some federal nexus (such as federal funding) are
subject to NEPA.

2. The basic steps are as follow:
- the relevant federal agency determines if the project is in a
category of projects that are excluded from any further NEPA review.
If it does make this decision, then the project is eligible for a
"categorical exclusion" and is not subject to any further NEPA action.
- if the agency determines the project is not eligible, then it
requires the project owner to undertake an Environmental Assessment
(EA).
- based on the results of the EA, if the agency determines the
environmental effects are not significant, then it issues a Finding of
No Significant Impact (FONSI) and no further action is necessary. If
the agency determines the EA indicates the environmental effects may
be significant, then it requires the project owners to conduct a full
draft and final Environmental Impact Statement (EIS).

3. The process has many opportunities for public involvement,
including early 'scoping meetings' to help define the nature of the EA
or EIS. Note that while the White House Council on Environmental
Quality oversees NEPA, individual federal agencies have their own more
detailed procedures.

4. An EIS is essentially advisory in nature. Negative environmental
effects identified in an EIS are part of the full range of information
a federal decision maker must take into account. They don't mandate
that a project be halted. The information is often used to alter the
project, identify potential mitigation measures (in our case this
could include reconfiguring the freeway underpasses to be more
pedestrian friendly - my favorite), or cause it to not go forward more
because of public reaction.

A final note that may have some relevance to CSX appearing to assume
it would be categorically excluded from NEPA: all the construction
projects funded with the recent "stimulus" money are subject to a NEPA
review. However, the Recovery Act included language that NEPA reviews
should be expedited. According to various public documents, it looks
like more projects than normal are concluding their NEPA review in
record time with a determination that they are categoricaly excluded.