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88-568: In addition to several streams, called “runs”, there are two lakes, Lake Barcroft (137 acres) and Fairview Lake (15 acres), and four ponds. There are eight sub-watersheds within the CRW. The western part of the CRW lies within the Piedmont ; the southeastern part in the Coastal Plain . Holmes Run is the primary headwater stream of the CRW. In addition to Holmes Run, the other tributaries to

176-474: A United States District Court provided a documented concise background of NEPA being created to protect the environment from actions involving the Federal government as follows: Following nearly a century of rapid economic expansion, population growth, industrialization, and urbanization, it had become clear by the late 1960s that American progress had an environmental cost. A congressional investigation into

264-563: A 620 million-gallon reservoir into service. In 1942, the company installed 24 gates at the top of the dam to raise the spillway elevation five feet, increasing the reservoir size to 800 million gallons. In 1949, the City of Alexandria began to draw its drinking water from the Occoquan Reservoir . A year later, Colonel Joseph Barger and Associates purchased the reservoir, dam, and 680 adjacent acres of land for $ 1 million from

352-473: A CatEx prepared by a different agency to support a decision not to prepare an EA or EIS for a planned action; however, it may draw from another agency's experience with a comparable CatEx in seeking to substantiate a CatEx of its own. The Council on Environmental Quality (CEQ) created Categorical Exclusions to reduce paperwork (40 CFR § 1500.4(p)) and reduce delay (40 CFR § 1500.5(k)) so agencies can better concentrate on actions that do have significant effects on

440-627: A case is moot when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome. See E. Borchard, Declaratory 497*497 Judgments 35-37 (2d ed. 1941). Where one of the several issues presented becomes moot, the remaining live issues supply the constitutional requirement of a case or controversy. See United Public Workers v. Mitchell, 330 U. S. 75, 86-94 (1947); 6A J. Moore, Federal Practice ¶ 57.13 (2d ed. 1966). In early NEPA cases (for example Arlington Coalition on Transportation v. Volpe , 458 F.2d 1323 (4th Cir. 1972) page 1331) courts considered projects were beyond

528-417: A categorical exclusion instead of requiring an Environmental Impact Statement. EAs are concise public documents that include the need for a proposal, a list of alternatives, and a list of agencies and persons consulted in the proposal's drafting. The purpose of an EA is to determine the significance of the proposal's environmental outcomes and to look at alternatives of achieving the agency's objectives. An EA

616-426: A community park owned by LBA to permit access to the water. All common property is open to people living within the boundaries of the association and their authorized guests. The Lake Barcroft Association employs seasonal lifeguards to protect its beaches during the summer months. The residents organize occasional aquatic festivals, most notably Independence Day fireworks every July 4. Fireworks are fired from one of

704-626: A federal action, and in such a case, it requires NEPA-compliant analysis performance. NEPA covers a vast array of federal agency actions, but the act does not apply to state action where there is a complete absence of federal influence or funding. Exemptions and exclusions are also present within NEPA's guidelines, including specific federal projects detailed in legislation and EPA exemptions. Exemptions also apply when compliance with other environmental laws require an impact analysis similar to that mandated by NEPA. Such laws can include but are not limited to

792-447: A federal permit is required. This legal interpretation is based on the rationale that obtaining a permit from a federal agency requires one or more federal employees (or contractors in some instances) to process and approve a permit application, inherently resulting in federal funds being expended to support the proposed action, even if no federal funds are directly allocated to finance the particular action. A U.S. District Court describes

880-464: A federal, state, or local level, that involves federal funding, work performed by the federal government, or permits issued by a federal agency. Court decisions have expanded the requirement for NEPA-related environmental studies to include actions where permits issued by a federal agency are required regardless of whether federal funds are spent to implement the action, to include actions that are entirely funded and managed by private-sector entities where

968-515: A female householder with no husband present, and 32.7% were non-families. 26.0% of all households were made up of individuals and 9.1% had someone living alone who was 65 years of age or older. The average household size was 2.48 and the average family size was 2.97. In the CDP, the population was spread out with 20.5% under the age of 18, 5.3% from 18 to 24, 29.8% from 25 to 44, 28.2% from 45 to 64, and 16.1% who were 65 years of age or older. The median age

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1056-402: A new controlled access freeway or a highway project of four or more lanes on a new location significantly affect the environment and therefore require an Environmental Impact Statement. According to 23 C.F.R. § 771.115(b) and § 771.117(c) Class II actions such as construction of bicycle and pedestrian lanes, planning, noise barriers, and landscaping normally do not individually or cumulatively have

1144-422: A rare (non-stinging) fresh water jellyfish all inhabit Lake Barcroft. Ospreys , fishing birds of prey, are now on the lake as well. Lake Barcroft is located in eastern Fairfax County at 38°51′5″N 77°9′20″W  /  38.85139°N 77.15556°W  / 38.85139; -77.15556 (38.851412, −77.155654). It is bordered to the northeast by Seven Corners , to the east by Bailey's Crossroads , to

1232-472: A reservoir in 1915, and served as the water supply for the City of Alexandria until the late 1940s; When the need for water increased due to population growth, the City of Alexandria then constructed a dam on the Occoquan River in 1950 to form the Occoquan Reservoir 670. In 1928, Fairfax County proposed a sanitation ordinance, but all sewage was dumped untreated into the tributaries as well as

1320-593: A responsibility to preserve and enhance the environment as trustees for succeeding generations. NEPA's procedural requirements do not apply to the President , Congress , or the Federal courts since they are not a "Federal agency" by definition. However, a Federal agency taking action under authority ordered by the President may be a final agency action subject to NEPA's procedural requirements. NEPA grew out of

1408-503: A series of protests in many American cities that occurred in response to the bulldozing of many communities and ecosystems during the construction of the Interstate Highway System . In addition, as the contribution of Indiana political scientist Lynton Caldwell shows, concern for the environmental recklessness of international development programs in the 1950s and 1960s also drove the thinking behind NEPA. In 2015

1496-529: A significant effect on the human environment and includes the EA or a summary of the EA that supports the FONSI determination. If it is determined that a proposed federal action does not fall within a designated CatEx or does not qualify for a FONSI, then the responsible agency must prepare an EIS. The purpose of an EIS is to help public officials make informed decisions based on the relevant environmental consequences and

1584-486: A significant environmental effect and therefore may be categorically exempt unless there are unusual circumstances as provided in 23 C.F.R. § 771.117(b). According to 23 C.F.R. § 771.117(c) all other actions are Class III actions requiring the preparation of an Environmental Assessment to determine the appropriate environmental document required. A Categorical Exclusion (CatEx) is a list of actions an agency has determined do not individually or cumulatively significantly affect

1672-459: Is covered under NEPA, there are three levels of analysis that a federal agency must undertake to comply with the law. These three levels include the preparation of a Categorical Exclusion (CatEx); an environmental assessment (EA); and either a Finding of No Significant Impact (FONSI), or, alternatively, the preparation and drafting of an environmental impact statement (EIS). Executive Order No. 11514 as amended by Executive Order No. 11991 directs

1760-441: Is home to many freshwater species of fish and invertebrate. Largemouth bass were introduced to the lake decades ago, and now the population is self-sustaining. Catfish and bluegill also live in the lake in large numbers. Bryozoa can be observed just below the surface on the edges and in the shallower areas of the lake. Semi-aquatic species such as muskrat , ducks , Canada geese and kingfishers are also common. As part of

1848-414: Is known as an EIS. NEPA is an action-forcing piece of legislation, meaning the act itself does not carry any criminal or civil sanctions, and therefore, all enforcement of NEPA must occur through the court system. In practice, a project is required to meet NEPA guidelines when a federal agency provides any portion of financing for the project. However, review of a project by a federal employee can be viewed as

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1936-428: Is made without the informed environmental consideration that NEPA requires, the harm that NEPA intends to prevent has been suffered. * * * the harm at stake is a harm to the environment, but the harm consists of the added risk to the environment that takes place when governmental decisionmakers make up their minds without having before them an analysis (with prior public comment) of the likely effects of their decision upon

2024-458: Is supposed to provide sufficient evidence and analysis for determining whether to prepare an EIS, aid an agency's compliance with NEPA when no EIS is necessary, and it facilitates preparing an EIS when one is necessary. Most agency procedures do not require public involvement prior to finalizing an EA document; however, agencies advise that a public comment period is considered at the draft EA stage. EAs need to be of sufficient length to ensure that

2112-469: Is the only request for relief in a NEPA complaint then logically construction cannot be stopped after completion. The 1st Circuit Court of Appeals in stopping construction of a seaport on Sears Island, Maine pointed out that harm in NEPA cases is harm to the environment as stated in Sierra Club v. Marsh , 872 F.2d 497 (1st Cir. 1989) at page 500: Thus, when a decision to which NEPA obligations attach

2200-479: The Cameron Run Watershed , the lake receives large amounts of runoff from adjacent parts of suburban Fairfax County. These cause occasional algal blooms . The microbiology of the lake is monitored, and it is considered safe for fishing and swimming. National Environmental Policy Act The National Environmental Policy Act ( NEPA ) is a United States environmental law designed to promote

2288-555: The Cameron Run Watershed —around which this population is located. The lake is named for Dr. John W. Barcroft, who owned and operated a mill on Holmes Run during the mid-19th century. In 1913, the Alexandria Water Company began construction of the Lake Barcroft Dam on Holmes Run to create a drinking water reservoir for the city of Alexandria . Construction of the dam was completed in 1915, putting

2376-596: The Capital Beltway , not as a federal program. A major rain event that took place June 25–28, 2006 led to extreme flooding in the Cameron Run Watershed. The United States Army Corps of Engineers (CoE) was commissioned to study the Cameron Run Watershed to determine the best course of action to prevent future flooding events, especially in the Huntington, Virginia area. From that 2009 study,

2464-675: The Council on Environmental Quality (CEQ) to issue "regulations to Federal agencies for the implementation of the procedural provisions of" NEPA and for Federal agencies to "comply with the regulations issued by the Council". Importantly the Supreme Court of the United States finds "that CEQ regulations are entitled to substantial deference." The Council on Environmental Quality 's NEPA regulation 40 C.F.R. § 1501.4 specifies

2552-669: The Potomac River until the 1950s. The first sewer lines ran from Falls Church to the Potomac , along Tripps Run, Holmes Run, and Cameron Run . These sewer lines dumped raw sewage directly into the Potomac until 1954 There was enough support in September 1955 to pass a $ 30 million water bond.; by the end of the 1950s, residential subdivisions covered the northern half of the watershed, and by 1965, most land suitable for development had been built upon As development occurred in

2640-676: The U.S. Army Corps of Engineers proposed a levee 2800 feet long, running from Fenwick Drive west to the Riverside Apartments. The levee will be 15 feet high (from ground level), 10 feet wide at the top and at least seven times that width at the base. The levee will also have a pumping station to transport the water back to Cameron Run. In 2012, voters approved a storm water bond referendum; the design phase will end January 2014; survey work will commence July 2014. The project will take 3–5 years to design, and another two years to construct There has been one further major flooding event from

2728-399: The federal government ] in the late 19th century meant more people moving to Northern Virginia , and expansion of housing and the development of Arlington , Alexandria , and Falls Church cities. The first subdivision was built by 1891. Necessary infrastructure, such as reservoirs and sewers soon followed. In response to the City of Alexandria’s need for water, Lake Barcroft was formed as

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2816-633: The 1970 Clean Air Act and 1972 Clean Water Act ). The public outrage in reaction to the Santa Barbara oil spill in early 1969 occurred just as the NEPA legislation was being drafted in Congress. A fire on the Cuyahoga River was publicized in a Time magazine article shortly after the unanimous vote in the Senate. Another major driver for enacting NEPA was the 1960s highway revolts ,

2904-488: The 2010 Deepwater Horizon oil spill as an example why agencies need to periodically review their Categorical Exclusions "in light of evolving or changing conditions that might present new or different environmental impacts or risks." Streamlining the NEPA process with categorical exclusions have been criticized, for example allowing BP's exploration plan that resulted in the Deepwater Horizon oil spill to use

2992-646: The Alexandria Water Company. A year later, Barger and Associates began developing the 680 acres (2.8 km ) into a residential community. During the early 1950s, residents formed a homeowners association called the Lake Barcroft Community Association (LABARCA). In 1970, community residents purchased the lake, dam, and common grounds for $ 300,000, and established the Barcroft Lake Management Association (BARLAMA). In 1972, Hurricane Agnes passed over

3080-616: The Beltway and Route 1 interchanges and expansions. The effects of urbanization , such as impervious surfaces, channelization, and storm sewers, led to frequent flash flooding in the lower portion of the watershed. Highly erodible soils and frequent, intense rainstorms also contributed to the flooding. The county addressed this problem by constructing flood-control channels in lower Holmes Run, lower Backlick Run, and Cameron Run . But "channelized streams generally are wider and straighter than natural stream channels, and they are disconnected from

3168-647: The CRW are: Tripps Run, Backlick Run, Indian Run, and Pike Branch, which all join Cameron Run . Hunting Creek joins Cameron Run right before emptying into the Potomac River . The tributaries map as follows: From the northwest come the Upper Holmes and Tripps Runs via Lake Barcroft (the two runs become the Lower Holmes Run after the pass-through dam on Lake Barcroft ); and from the west, Turkeycock Run and Indian Run converge with Backlick Run. In

3256-527: The CatEx, an EA must be prepared. Actions similar to the proposed one may have been found to be environmentally neutral in previous EAs and their implementation, and so an agency may amend their implementing regulations to include the action as a CatEx. In this case, the drafted agency procedures are published in the Federal Register and a public comment period is required. An agency cannot rely on

3344-541: The Clean Air Act, Resource Conservation and Recovery Act , Safe Drinking Water Act , and the Federal Insecticide, Fungicide, and Rodenticide Act . The NEPA process is the evaluation of the relevant environmental effects of a federal project or action mandated by NEPA. This process begins when an agency develops a proposal addressing a need to take action. If it is determined that the proposed action

3432-534: The Dogue tribe were the first human inhabitants of the area. It’s difficult to pinpoint exactly when they arrived—probably around 1250 A.D.--several centuries before the Europeans, trapping, fishing, and clearing land for farming. The first changes to the watershed came when Europeans wiped out the beaver population for their pelts, which led to deterioration of their dams and “changed the hydrology and ecosystem of

3520-526: The Lake Barcroft CDP has a total area of 2.7 square miles (6.9 km ), of which 2.4 square miles (6.3 km ) is land and 0.2 square miles (0.6 km ), or 8.34%, is water. The local high school is Justice High School . The boundaries of the Lake Barcroft CDP are somewhat more expansive than those of the LBA. The former includes several apartment buildings, condominiums, and businesses along

3608-745: The Lake Barcroft Watershed Improvement District (LBWID) to set up a taxing authority to fund repairs. The LBWID is a quasi-governmental entity headed by three state-appointed trustees who are residents of Lake Barcroft. The lake was dry for two years during the early 1970s while the damaged dam was rebuilt. A new gate improved the operation of the dam and is now fully automatic. The dam meets all Commonwealth dam safety requirements. The Lake Barcroft Association (LBA) came into being in 1992 when LABARCA and BARLAMA joined up into one private entity. Lake Barcroft has excellent fishing. Largemouth bass , catfish , sunfish and

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3696-620: The Nation; and to establish a Council on Environmental Quality. NEPA contains three sections: the first section outlines national environmental policies and goals; the second establishes provisions for federal agencies to enforce such policies and goals; and the third establishes the CEQ in the Executive Office of the President . The purpose of NEPA is to ensure that environmental factors are weighted equally when compared to other factors in

3784-431: The President the decision as to the route of any pipeline." The preamble to NEPA reads: To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to

3872-414: The action will have a significant impact on the human or natural environment or if the action is considered an environmentally controversial issue. The responsible decision-maker is required to review the final EIS before reaching a final decision regarding the course of action to be taken. The decision-maker must weigh the potential environmental impacts along with other pertinent considerations in reaching

3960-406: The alternatives available. The drafting of an EIS includes public party, outside party, and other federal agency input concerning its preparation. These groups subsequently comment on the draft EIS. An EIS is required to describe the environmental impacts of the proposed action, any adverse environmental impacts that cannot be avoided should the proposal be implemented, the reasonable alternatives to

4048-437: The area. The hurricane caused so much rain that the lake level rose above the top of the dam by 3 feet (0.91 m). This resulted in the lake overflowing and eroding the western, earthen shoulder of the dam. The rush of water deepened the washout, but the slow erosion protected downstream interests from the wall of water that would have resulted from a total dam collapse. To restore the dam and lake, residents voted to establish

4136-598: The basis of the environmental assessment not to prepare a statement. In addition to complying with the Council on Environmental Quality 's NEPA regulations in 40 C.F.R. § 1500 through § 1508, each Federal agency is required by 40 C.F.R. § 1507.3(a) to adopt supplemental procedures for their agency's implementation of NEPA. For example, the Federal Highway Administration 's supplemental NEPA procedures are in 23 C.F.R. §771.101 through § 771.131. According to 23 C.F.R. § 771.115(a) Class I actions such as

4224-428: The beaches, and residents crowd the water in their electric-powered or paddled boats to watch. The Labor Day games are held at two of its beaches to close the summer swimming season. Internal combustion engines are prohibited on the lake to prevent noise and pollution. Only the lifeguards have access to gas-powered motorboats. Most residents own a small sailboat , canoe , or an electrically powered boat. Lake Barcroft

4312-589: The decision-making process undertaken by federal agencies and to establish a national environmental policy. The act also promotes the CEQ to advise the President in the preparation of an annual report on the progress of federal agencies in implementing NEPA. It also established the CEQ to advise the president on environmental policy and the state of the environment. NEPA establishes this national environmental policy by requiring federal agencies to prepare an environmental impact statement to accompany reports and recommendations for Congressional funding. This impact statement

4400-457: The embankment and drained the lake. The Lake Barcroft Watershed Improvement District (LBWID) was formed in 1973 in the wake of the damage caused by Hurricane Agnes the previous year. Today, the WID functions as a State Agency to maintain and operate the dam, manage water quality of the lake, manage the discharges from the dam and maintain and improve the environmental integrity of the watershed above

4488-472: The enhancement of the environment. It created new laws requiring U.S. federal government agencies to evaluate the environmental impacts of their actions and decisions, and it established the President's Council on Environmental Quality (CEQ). The Act was passed by the U.S. Congress in December 1969 and signed into law by President Richard Nixon on January 1, 1970. To date, more than 100 nations around

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4576-470: The entire proposed action and not be used for a segment or an interdependent part of a larger proposed action. Examples of Exceptional Circumstances that prevent use of Categorical Exclusions include where there are "potential effects on protected species or habitat, or on historic properties listed or eligible for listing in the National Register of Historic Places." The CEQ specifically cites

4664-407: The environment prior to undertaking any major federal action that significantly affects the environment". Any type of proposed building, including highways and structures, must undergo a thorough NEPA assessment before approval. Many of the natural stream channels were piped, resulting in a network of storm sewers and culverts. In particular, Cameron Run was both straightened and moved to accommodate

4752-449: The environment unless the NEPA complaint seeks removal and remediation in the request for relief as a "live" issue, see dissenting opinion in West v. Secretary of Dept. of Transp ., 206 F.3d 920 (9th Cir. 2000) page 931: He did not seek remediation; he wanted the interchange stopped. It was built. Therefore, there is no justiciable controversy pertaining to Phase I. If stopping construction

4840-562: The environment" since 1970. With NEPA, Congress mandated that federal agencies take a "hard look" at the environmental consequences of their actions and to engage all practicable measures to prevent environmental harm when engaging in agency action. Furthermore, to remedy the widespread mistrust of the federal agencies, Congress incorporated within NEPA "action-forcing" provisions which require agencies to follow specific procedures in order to accomplish any federal project. Since its passage, NEPA has been applied to any major project, whether on

4928-404: The environment. This court in Sierra Club v. Marsh on page 504 also found since there is an instinct not to tear down projects, it is appropriate to issue preliminary injunctions early in NEPA cases: The way that harm arises may well have to do with the psychology of decisionmakers, and perhaps a more deeply rooted human psychological instinct not to tear down projects once they are built. But

5016-462: The final decision. A record of decision (ROD) is issued which records the agency's final decision. A federal study from 2013-2018 found that a full NEPA review took an average of 4.5 years. The Administrative Procedure Act at 5 U.S.C. § 702 provides the right for a person injured by a NEPA issue to carry out a NEPA case in court as: A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within

5104-489: The floodplain. Floodwaters that normally soak into floodplain soils and recharge groundwater are rapidly exported downstream in channelized streams" The original dam at Lake Barcroft continued in service until 1972 when rain from the remnants of Hurricane Agnes caused exceptionally high water to erode the earthen embankment at the western end of the masonry portion of the Lake Barcroft dam. The erosion scoured out

5192-446: The fullest extent possible: ... (d) Encourage and facilitate public involvement in decisions which affect the quality of the human environment." A U.S. District Court describes the essential requirement for public input on a draft EA as follows: The Ninth Circuit has read these regulations to mean that "the public must be given an opportunity to comment on draft EAs and EISs." Anderson v. Evans , 371 F.3d 475, 487 (9th Cir.2004). Because

5280-541: The human environment. In 2003 the National Environmental Policy Task Force found agencies "indicated some confusion about the level of analysis and documentation required to use an approved categorical exclusion". In 2010 CEQ issued guidance on the existing regulations for Categorical Exclusions consistent with NEPA and past CEQ guidance. This CEQ 2010 guidance acknowledges, "Since Federal agencies began using categorical exclusions in

5368-431: The increased public appreciation and concern for the environment that developed during the 1960s, amid increased industrialization, urban and suburban growth, and pollution across the United States. During this time, environmental interest group efforts and the growing public awareness resulting from Rachel Carson 's 1962 book Silent Spring led to support for the 1964 Wilderness Act and subsequent legislation (including

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5456-650: The lake. By law, the WID must maintain the water level of the lake. The dam is designed and operated to maintain a nearly constant water level between 208.5 and 209 feet above mean sea level, and discharges the same amount of water it collects as runoff from 14.5 square miles of Fairfax County and the City of Falls Church . The dam is not designed for or operated in a flood control capacity. In response to two major rainfall events—Tropical Storms Agnes (1972) and Eloise (1975) in addition to flash flooding in September 1966, in which several adjacent properties were flooded—a report

5544-453: The late 1970s, the number and scope of categorically excluded activities have expanded significantly. Today, categorical exclusions are the most frequently employed method of complying with NEPA, underscoring the need for this guidance on the promulgation and use of categorical exclusions." This CEQ 2010 guidance goes on to caution, "If used inappropriately, categorical exclusions can thwart NEPA's environmental stewardship goals, by compromising

5632-408: The lower center of the watershed: Backlick and Lower Holmes Run and Pike Branch (flanking in from the south) converge with Cameron Run from the northeast. Cameron Run Watershed was heavily forested until the mid-17th century. A large beaver population created wetlands amid numerous ponds that provided habitat for a wide variety of flora and fauna. Native Americans , and more specifically members of

5720-404: The matter yielded myriad evidence indicating a gross mismanagement of the country's environment and resources, most notably at the hands of the federal government. As a result, lawmakers and the general public alike called for an urgent and sweeping policy of environmental protection. Congress answered these calls by enacting NEPA, which has served as "our basic national charter for protection of

5808-565: The meaning of a relevant statute, is entitled to judicial review thereof. By 5 U.S.C. § 706 the U.S. Congress provides for courts to make equitable remedies such as an injunction to compel agency action withheld or to set aside agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. However, a court case becomes moot when no practical ("live") issues remain as stated in Powell v. McCormack , 395 U. S. 486 (1969) pages 496 – 497: Simply stated,

5896-426: The need for even the President to have the NEPA analysis information before making a decision as follows: "No agency possesses discretion whether to comply with procedural requirements such as NEPA. The relevant information provided by a NEPA analysis needs to be available to the public and the people who play a role in the decision-making process. This process includes the President." "And Congress has not delegated to

5984-545: The poverty line, including 2.3% of those under age 18 and 0.8% of those age 65 or over. Lake Barcroft is privately owned, and managed by the Lake Barcroft Association (LBA); the current homeowners' association. Property owners on the lake and the immediate areas around the lake are bound by a restrictive covenant that also gives them rights to use the lake for recreation. For homeowners who do not own riparian land, there are five private sand beaches and

6072-510: The process to determine whether to prepare an Environmental Impact Statement (EIS) as follows: In determining whether to prepare an environmental impact statement the Federal agency shall: (a) Determine under its procedures supplementing these regulations (described in § 1507.3) whether the proposal is one which: (b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (§ 1508.9). The agency shall involve environmental agencies, applicants, and

6160-403: The proposed action, the relationship between local short-term uses of man's environment along with the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources that would be involved in the proposed action. An agency may undertake the drafting of an EIS without the initial drafting of the EA. This may happen if the agency believes that

6248-411: The public, to the extent practicable, in preparing assessments required by § 1508.9(a)(1). (c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement. (d) Commence the scoping process (§ 1501.7), if the agency will prepare an environmental impact statement. (e) Prepare a finding of no significant impact (§ 1508.13), if the agency determines on

6336-403: The quality and transparency of agency environmental review and decisionmaking, as well as compromising the opportunity for meaningful public participation and review." Indeed, the expanded use of Categorical Exclusions undermines NEPA by reducing environmental analysis and public comment, thereby increasing NEPA litigation. The CEQ 2010 guidance emphasizes that Categorical Exclusions must capture

6424-412: The quality of the human environment (40 C.F.R. §1508.4). If a proposed action is included in an agency's CatEx, the agency must make sure that no extraordinary circumstances might cause the proposed action to affect the environment. Extraordinary circumstances include effects on endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description provided in

6512-679: The reach of the courts (moot) if that project had progressed to where the costs of altering the project would outweigh benefits. Nevertheless, by 1981 the Ninth Circuit Court of Appeals recognized some projects might proceed with construction in an attempt to evade the requirements of NEPA. Therefore, the court cautioned that even completed projects could be ordered to be removed as stated in Columbia Basin Land Protection Assoc. v. Schlesinger , 643 F.2d 585 (9th Cir.1981) page 591 note 1: The building of

6600-528: The regulations "must mean something," the Circuit has held that an agency's failure to obtain any public input on a draft EA "violates these regulations." Citizens for Better Forestry v. U.S. Dept. of Agriculture , 341 F.3d 961, 970 (9th Cir.2003). If no substantial effects on the environment are found after investigation and the drafting of an EA, the agency must produce a Finding of No Significant Impact (FONSI). This document explains why an action will not have

6688-468: The remnants of Tropical Storm Lee in September 2011. 38°47′34″N 77°03′25″W  /  38.792705°N 77.057069°W  / 38.792705; -77.057069 Lake Barcroft Lake Barcroft is a census-designated place (CDP) in Fairfax County , Virginia , United States. The population was 9,558 at the 2010 census. It is also the name of the privately owned lake—part of

6776-421: The requirements of NEPA, build its structures before a case gets to court, and then hide behind the mootness doctrine. Such a result is not acceptable. Thus, courts have the equitable power to prevent those who use bad faith construction to evade U.S. Congress policies such as NEPA. Despite a court recognizing the use of this mootness tactic, a court still might not order removal of construction and remediation of

6864-494: The south by Lincolnia , to the southwest by Annandale , and to the northwest by West Falls Church . Downtown Washington, D.C. is 9 miles (14 km) to the northeast. The CDP border follows Sleepy Hollow Road to the west, Leesburg Pike to the north, various roads along its border with Bailey's Crossroads to the east, and Columbia Pike to the south. According to the United States Census Bureau ,

6952-440: The stream valley”. From the mid to late 17th century to the early 18th century, Europeans concentrated on farming tobacco, which greatly impacted soil fertility and erosion. In the 1720s, " Yankees ” from New York brought new farming practices (fallowing land; bringing new/different seed stock; rotating crops; planting clover to enrich soil; using lime and animal waste as fertilizer; using deeper plowing practices) The growth of

7040-400: The streets that form the border. The latter includes exclusively single family homes. As of the census of 2000, there were 8,906 people, 3,589 households, and 2,415 families residing in the CDP. The population density was 3,602.5 inhabitants per square mile (1,390.9/km ). There were 3,673 housing units at an average density of 1,485.7 per square mile (573.6/km ). The racial makeup of the CDP

7128-549: The towers has not made the case hypothetical or abstract — the towers still cross the fields of the Landowners, continually obstructing their irrigation systems — and this Court has the power to decide if they may stay or if they may have to be removed. * * * If the fact that the towers are built and operating were enough to make the case nonjusticiable, as the dissent states, then the BPA (and all similar entities) could merely ignore

7216-425: The underlying decision to prepare an EIS is legitimate, but they should not attempt to substitute an EIS. However, the Council on Environmental Quality regulation 40 C.F.R. § 1500.1(b) states: "NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken." Likewise, 40 C.F.R. § 1500.2 states: "Federal agencies shall to

7304-595: The watershed from 1957 to 1992". Developers were able to build in the lower third of the CRW in the late 1940s and early 1950s because there was no standard for environmental impact at the time. In 1969, the National Environmental Policy Act (NEPA) took effect in 1969. National Environmental Policy Act was "one of the first laws ever written that establishes the broad national framework for protecting our environment . . . to assure that all branches of government give proper consideration to

7392-471: The watershed, the floodplains along the perennial streams were altered. Naturally occurring wetlands were filled in or drained to make way for structures, including roads, bridges, and housing. "Marshes were once extensive in both the Piedmont and Coastal Plain parts of the watershed, but today only a few wetlands remain . . . The Virginia Department of Forestry reports a 32% decrease in forest resources in

7480-494: The world have enacted national environmental policies modeled after NEPA. NEPA requires Federal agencies to evaluate the environmental effects of their actions. NEPA's most significant outcome was the requirement that all executive Federal agencies prepare environmental assessments (EAs) and environmental impact statements (EISs). These reports state the potential environmental effects of proposed Federal agency actions. Further, U.S. Congress recognizes that each person has

7568-403: Was 42 years. For every 100 females, there were 95.1 males. For every 100 females age 18 and over, there were 92.7 males. The median income for a household in the CDP was $ 83,593, and the median income for a family was $ 101,562. Males had a median income of $ 62,882 versus $ 52,284 for females. The per capita income for the CDP was $ 46,293. About 2.7% of families and 3.4% of the population were below

7656-407: Was 75.98% White , 9.59% Asian , 4.92% African American , 4.84% from other races , 4.35% from two or more races, 0.26% Native American , and 0.07% Pacific Islander . Hispanics or Latinos (who may be of any race) were 14.72% of the population. There were 3,589 households out of which 26.9% had children under the age of 18 living with them, 56.9% were married couples living together, 7.1% had

7744-473: Was commissioned by the U.S. Army Corps of Engineers which eventually led to Cameron Run being channelized. A federal flood control project was also recommended, but the plan was scrapped due to land boundary issues between Fairfax County and Alexandria . The issue was resolved with a land transfer to Alexandria, in January 1973. Alexandria then used its own resources to channelize Cameron Run upstream of

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