RE: Don't mourn, organize!

["Peter Havens" <peterhavens@worldnet.att.net>]

Readers of Marianne's advice should check the NEPA rules for the agency in
question before attempting to take action.  Those rules, of course, stem
from the CEQ's rules at 40 CFR 1500-1508.  That is where one must go to
determine whether or not an EA, EIS, or categorical exclusion is
appropriate.  After all, that's what the federal agency is doing: executing
Congress' laws according to publicly adopted procedures...no more, no less.

Obtaining a copy of an EA is not difficult.  I believe the agency is
required to provide the requestor a copy of the document upon request.  All
the requestor needs to do is locate the person who is in charge of that
document's distribution.  If this doesn't work, then file a request under
the Freedom of Information Act.  Contact any agency counsel's office.

Also, I disagree in characterizing NEPA as a "process that can lead to legal
action."  It may be that, but only secondarily so.  NEPA is so much more
robust than that concept implies.  It is a fundamental requirement for the
federal agency to consider the effects of its proposal *before* deciding to
implement that proposal.  Please remember that NEPA does not specify that
the agency choose the most environmentally-benign proposal.  In my opinion,
NEPA causes the proponent to "rub his nose" in the outcome of his action.

Of course, if someone just doesn't like what the federal agency is doing,
then legal action aimed at inadequate NEPA is a jim-dandy way to stall or
delay the project.  Bear in mind, though, legal action involves additional
costs associated with that delay.  Those costs are borne by the taxpayer.

I suggest, gentle reader, that you check into any reputable NEPA training
course before heading out into the wilds of the CFR and NEPA.

Regards,
P