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80-702: The National Wildlife Refuge System ( NWRS ) is a system of protected areas of the United States managed by the United States Fish and Wildlife Service (FWS), an agency within the Department of the Interior . The National Wildlife Refuge System is the system of public lands and waters set aside to conserve America's fish, wildlife, and plants. Since President Theodore Roosevelt designated Florida's Pelican Island National Wildlife Refuge as

160-474: 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

240-473: 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

320-672: A broad spectrum of service programs by enforcing conservation laws established to protect the fish, wildlife, cultural, and archaeological resources the service manages in trust for the American people. They also educate the public about the FWS's mission, contribute to environmental education and outreach, provide safety and security for the visiting public, assist local communities with law enforcement and natural disaster response and recovery through emergency management programs, and help protect native subsistence rights. They are routinely involved with

400-627: 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

480-417: 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

560-626: 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

640-447: 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

720-464: 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

800-550: A habitat for endangered species , migratory birds , plants, and numerous other valuable animals, implemented the NWRS Improvement Act, acquired and protected key critical inholdings, and established leadership in habitat restoration and management. Under the act, the NWRS has created Comprehensive Conservation Plans (CCPs) for each refuge, developed through consultation with private and public stakeholders. These began

880-466: A listing on the National Register of Historic Places or a designation as a National Historic Landmark . States and local zoning bodies may or may not choose to protect these. The state of Colorado , for example, is very clear that it does not set any limits on owners of NRHP properties. Federal protected area designations International protected area designations Every state has

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960-402: 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

1040-449: A regional, integrated level adds to the effective conservation achievements of the FWS and allows individual refuges to respond more effectively to challenges. Wildlife and habitat management activities include: During fiscal year 2015, the refuge system manipulated 3.1 million acres of habitat (technique #10 from the preceding list) and managed 147 million acres of the system without habitat manipulation (using techniques #1 through 9 from

1120-593: 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

1200-422: A review process by stakeholders beginning in 2013. The CCPs must be consistent with the FWS goals for conservation and wildlife management. The CCPs outline conservation goals for each refuge for 15 years into the future, with the intent that they will be revised every 15 years thereafter. The comprehensive conservation planning process requires a scoping phase, in which each refuge holds public meetings to identify

1280-503: 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

1360-529: 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

1440-486: 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

1520-401: A system of state parks as well as many other types of protected areas (forests, reserves, refuges, recreation areas, etc.). State parks vary widely from urban parks to very large parks that are on a par with national parks. Some state parks, like Adirondack Park , are similar to the national parks of England and Wales , with numerous towns inside the borders of the park. About half the area of

1600-659: A variety of different administrative and funding mechanisms. Setting aside the sections of Marine National Monuments outside refuge boundaries (685.7 million of the 759 million total acres in Marine National Monuments), leaves 151 million acres of the more traditional Refuges and Wetland Management Districts. These 151 million acres were acquired as follows: In addition to refuge status, the "special" status of lands within individual refuges may be recognized by additional designations, either legislatively or administratively. Special designation may also occur through

1680-554: A wide variety of local public parks and other protected areas. Some of these are little more than picnic areas or playgrounds ; however, others are extensive nature reserves . South Mountain Park in Phoenix, Arizona , for example, is called the largest city park in the United States; it spans 25 sq mi (65 km ) and contains 58 mi (93 km) of trails. NEPA The National Environmental Policy Act ( NEPA )

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1760-531: Is a United States environmental law designed to promote 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

1840-466: Is a complex process of controlling or eradicating invasive species, using fire in a prescribed manner, assuring adequate water resources, and assessing external threats such as development or contamination. Hundreds of national refuges are home to some 700 species of birds, 220 species of mammals, 250 reptile and amphibian species, and more than 1000 species of fish. Endangered species are a priority of National Wildlife Refuges, with nearly 60 refuges having

1920-418: Is also essential to proper management of refuge lands. As of September 30, 2019, the refuges had 15,257 roads, bridges, and trails; 5,204 buildings; 8,407 water management structures; and 8,414 other structures such as visitor facility enhancements (hunting blinds, fishing piers, boat docks, observation decks, and information kiosks). The overall facility infrastructure is valued at over $ 36 billion. The area of

2000-459: 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

2080-578: Is in every state. National Wildlife Refuge System employees are responsible for planning, biological monitoring and habitat conservation , contaminants management, visitor services, outreach and environmental education, heavy equipment operation, law enforcement, and fire management. The National Wildlife Refuge System deals with urban intrusion/development, habitat fragmentation , degradation of water quantity and quality, climate change , invasive species , increasing demands for recreation, and increasing demands for energy development. The system has provided

2160-414: 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

2240-428: 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

2320-458: 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

2400-469: 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

2480-612: 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

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2560-653: The United Nations Environment Programme , the U.S. had a total of 6,770 terrestrial nationally designated (federal) protected areas. Federal level protected areas are managed by a variety of agencies, most of which are a part of the National Park Service , a bureau of the United States Department of the Interior . They are often considered the crown jewels of the protected areas. Other areas are managed by

2640-754: The United States Forest Service , the Bureau of Land Management and the United States Fish and Wildlife Service . The United States Army Corps of Engineers is claimed to provide 30 percent of the recreational opportunities on federal lands, mainly through lakes and waterways that they manage. The highest levels of protection, as described by the International Union for Conservation of Nature (IUCN), are Level I (Strict Nature Reserves & Wilderness Areas) and Level II (National Parks). The United States maintains 12 percent of

2720-633: 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 ,

2800-488: 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

2880-527: 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

2960-541: 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

3040-647: The Level I and II lands in the world. These lands had a total area of 210,000 sq mi (540,000 km ). Because U.S. federal protected areas include both ownership based names, and names related to overlaying policy designations, the naming system for U.S. protected areas results in some types being used by more than one agency. For instance, both the National Park Service and the U.S. Forest Service manage areas designated National Preserves and National Recreation Areas . The National Park Service,

3120-620: 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

3200-658: The National Wildlife Refuge Association and referenced below. Comprehensive wildlife and habitat management demands the integration of scientific information from several disciplines, including understanding ecological processes and monitoring status of fish, wildlife and plants. Equally important is an intimate understanding of the social and economic drivers that impact and are affected by management decisions and can facilitate or impede implementation success. Service strategic habitat conservation planning, design, and delivery efforts are affected by

3280-431: 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

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3360-659: The U.S. Forest Service, and the Bureau of Land Management manage areas called national monuments . National Wilderness Areas are designated within other protected areas, managed by various agencies and sometimes wilderness areas span areas managed by multiple agencies. Those relying on U.S. protected areas data are advised to learn more about all of these conventions by reviewing the extensive PAD-US Help system . There are existing federal designations of historic or landmark status that may support preservation via tax incentives, but that do not necessarily convey any protection, including

3440-548: The United States for the benefit of the present and future generations of Americans" (National Wildlife Refuge System Improvement Act of 1997). The system maintains the biological integrity, diversity, and environmental health of these natural resources and enables for associated public enjoyment of these areas where compatible with conservation efforts. National Wildlife Refuges manage a range of habitat types, including wetlands, prairies, coastal and marine areas, and temperate, tundra, and boreal forests. The management of each habitat

3520-414: 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

3600-799: The actions of other legitimate agencies or organizations. The influence that special designations may have on the management of refuge lands and waters may vary considerably. Special designation areas within the refuge system as of September 30, 2014, included: Protected areas of the United States Federal protected areas include lands and waters owned outright ("Fee ownerships"), as well as areas that are secured by easements, leases, etc. In addition to ownership-defined areas, there are numerous overlaying policy designations that apply management protections and use conditions on all or some of individual protected areas (e.g., Wilderness Areas, National Monuments, etc.). As of 2007 , according to

3680-406: 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

3760-598: 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

3840-589: 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

3920-607: The demographic, societal, and cultural changes of population growth and urbanization, as well as people's attitudes and values toward wildlife. Consideration of these factors contributes to the success of the service's mission to protect wildlife and their habitats. The refuge system works collaboratively internally and externally to leverage resources and achieve effective conservation. It works with other federal agencies, state fish and wildlife agencies, tribes, nongovernmental organizations, local landowners, community volunteers, and other partners. Meaningful engagement with stakeholders at

4000-470: 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

4080-449: 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

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4160-562: 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

4240-404: 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

4320-462: 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

4400-413: The first wildlife refuge in 1903, the system has grown to over 568 national wildlife refuges and 38 wetland management districts encompassing about 859,000,000 acres (3,476,200 km). The mission of the refuge system is "To administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of fish, wildlife, and plant resources and their habitats within

4480-446: 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

4560-472: The greater law enforcement community in cooperative efforts to combat the nation's drug problems, address border security issues, and aid in other security challenges. Prevention and control of wildland fires is also a part of refuge management. Completion of controlled burns to reduce fuel loading, and participation in the interagency wildland fire suppression efforts, are vital for management of refuge lands. A considerable infrastructure of physical structures

4640-541: 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

4720-431: 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

4800-453: 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

4880-404: 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

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4960-565: 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,

5040-426: 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

5120-681: The park, some 3,000,000 acres (1,200,000 ha), is state-owned and preserved as "forever wild" by the Forest Preserve of New York . Wood-Tikchik State Park in Alaska is the largest state park by the amount of contiguous protected land; it is larger than many U.S. National Parks, with some 1,600,000 acres (650,000 ha), making it larger than the state of Delaware . Many states also operate game and recreation areas. U.S. counties, cities and towns, metropolitan authorities, regional park systems , recreation districts and other units manage

5200-454: The preceding list). Refuges attract about 65 million visitors each year who come to hunt, fish, observe, and photograph wildlife, and are a significant boon to local economies. According to the FWS's 2013 Banking on Nature Report , visitors to refuges positively impact the local economies. The report details that 47 million people who visited refuges that year: The refuge system has a professional cadre of law enforcement officers that supports

5280-803: The primary purpose of conserving in aggregate 280 threatened or endangered species. The National Wildlife Refuge System welcomes about 65 million visitors each year to participate in outdoor recreational activities. The system manages six wildlife-dependent recreational uses in accordance with the National Wildlife Refuge System Improvement Act of 1997, including hunting , fishing , birding , photography , environmental education , and environmental interpretation. Hunters visit more than 350 hunting programs on refuges and on about 36,000 waterfowl production areas. Opportunities for fresh or saltwater fishing are available at more than 340 refuges. At least one wildlife refuge

5360-510: 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

5440-403: 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

5520-606: The public's main concerns; plan formulation, when refuge staff and FWS planners identify the key issues and refuge goals; writing the draft plan, in which wildlife and habitat alternatives are developed, and the plan is submitted for public review; revision of the draft plan, which takes into consideration the public's input; and plan implementation. Each CCP is required to comply with the National Environmental Policy Act (NEPA) and must consider potential alternatives for habitat and wildlife management on

5600-411: 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

5680-403: 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

5760-412: 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

5840-679: 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

5920-494: The refuge system is heavily influenced by large areas devoted to protecting wild Alaska and to protecting marine habitats in the Pacific and Atlantic Oceans; however, the number of units and public visitation overwhelmingly occurs in the lower 48 states, though these refuges and wetland management districts constitute only about 2% of the area of the system. Today's Refuge System (September 30, 2022 data) has been assembled through

6000-547: The refuge, and identify their possible effects on the refuge. The NEPA requires FWS planners and refuge staff to engage the public in this planning process to assist them with identifying the most appropriate alternative. Completed CCPs are available to the public and can be found on the FWS website. A partial history of the Refuge System is at . For a much more thorough and complete history, see "The History and Future of our National Wildlife Refuge System" compiled by

6080-528: 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

6160-421: 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

6240-549: 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

6320-425: 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

6400-494: 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

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