The U.S. Department of the Interior, Bureau of Land Management (BLM), is preparing a Programmatic Environmental Impact Statement (PEIS) for Oil Shale and Tar Sands resources on lands administered by the BLM in Colorado, Utah, and Wyoming. This PEIS will amend 12 land use plans to describe the most geologically prospective areas administered by the BLM in these States, where oil shale and tar sands resources are present, and to decide which of these areas will be open to application for commercial leasing, exploration and development.
The Notice of Availability for the DEIS was published in the Federal Register 20 Jan (p72751). The BLM point of contact is Sherri Thompson (303) 239–3758, (sherri_thompson@blm.gov), Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215 See the BLM EIS web site for additional information at: http://ostseis.anl.gov/index.cfm.
Friday, December 21, 2007
Thursday, December 20, 2007
Saturday, December 15, 2007
Sierra Club v Bosworth
5 Dec 07 - Click HERE to see full text.
The 9th U.S. Circuit Court of Appeals has ruled that the U.S. Forest Service violated the National Environmental Policy Act in establishment of a NEPA categorical exclusion (“Fuels CE”) for all fuel reduction projects up to 1,000 acres and prescribed burn projects up to 4,500 acres on all national forests in the United States. The Forest Service failed to conduct proper scoping for the categorical exclusion and failed to assess its significance, including cumulative significance. A categorical exclusion may not have significant impacts. The court also found significant public controversy, which also invalidates a categorical exclusion.
The 9th U.S. Circuit Court of Appeals has ruled that the U.S. Forest Service violated the National Environmental Policy Act in establishment of a NEPA categorical exclusion (“Fuels CE”) for all fuel reduction projects up to 1,000 acres and prescribed burn projects up to 4,500 acres on all national forests in the United States. The Forest Service failed to conduct proper scoping for the categorical exclusion and failed to assess its significance, including cumulative significance. A categorical exclusion may not have significant impacts. The court also found significant public controversy, which also invalidates a categorical exclusion.
Center for Biological Diversity v National Highway Traffic Safety Administration
15 Nov 07 - Click HERE to see the full text.
Conclusion:
NHTSA’s failure to monetize the value of carbon emissions in its determination of the Model Year (MY) 2008-2011 light truck corporate average fuel economy (CAFE) standards, failure to set a backstop, failure to revise the passenger automobile/light truck classifications, and failure to set fuel economy standards for all vehicles in the 8,500 to 10,000 lb. GVWR class, was arbitrary and capricious and contrary to the Energy Policy and Conservation Act of 1975 (EPCA). We therefore remand to NHTSA to promulgate new standards consistent with this opinion as expeditiously as possible and for the earliest model year practicable.
We also hold that the EA was inadequate and Petitioners have raised a substantial question as to whether the Final Action may have a significant impact on the environment. Thus, we remand to NHTSA for the preparation of a full EIS.
Conclusion:
NHTSA’s failure to monetize the value of carbon emissions in its determination of the Model Year (MY) 2008-2011 light truck corporate average fuel economy (CAFE) standards, failure to set a backstop, failure to revise the passenger automobile/light truck classifications, and failure to set fuel economy standards for all vehicles in the 8,500 to 10,000 lb. GVWR class, was arbitrary and capricious and contrary to the Energy Policy and Conservation Act of 1975 (EPCA). We therefore remand to NHTSA to promulgate new standards consistent with this opinion as expeditiously as possible and for the earliest model year practicable.
We also hold that the EA was inadequate and Petitioners have raised a substantial question as to whether the Final Action may have a significant impact on the environment. Thus, we remand to NHTSA for the preparation of a full EIS.
CEQ Collaboration Handbook
Introductory abstract:
This handbook presents the results of research and consultations by the Council on Environmental Quality (CEQ) concerning the consideration of collaboration in analyses prepared under the National Environmental Policy Act (NEPA). It introduces the NEPA practitioner and other interested parties to the issue of collaboration, outlines general principles, presents useful steps, and provides information on methods of collaboration. The handbook is informational and does not establish new requirements for collaboration or public involvement. It is not and should not be viewed as formal CEQ guidance on this matter, nor are the recommendations in the handbook intended to be legally binding.
Open the handbook at http://ceq.eh.doe.gov/ntf/Collaboration_in_NEPA_Oct_2007.pdf
Listed on the CEQ NEPA Net website at www.nepa.gov
This handbook presents the results of research and consultations by the Council on Environmental Quality (CEQ) concerning the consideration of collaboration in analyses prepared under the National Environmental Policy Act (NEPA). It introduces the NEPA practitioner and other interested parties to the issue of collaboration, outlines general principles, presents useful steps, and provides information on methods of collaboration. The handbook is informational and does not establish new requirements for collaboration or public involvement. It is not and should not be viewed as formal CEQ guidance on this matter, nor are the recommendations in the handbook intended to be legally binding.
Open the handbook at http://ceq.eh.doe.gov/ntf/Collaboration_in_NEPA_Oct_2007.pdf
Listed on the CEQ NEPA Net website at www.nepa.gov
Friday, December 14, 2007
WG Telecon Minutes 14 Nov
NAEP NEPA Working Group
Teleconference Meeting Notes, 11/14/07
Attendees:
Paul Amato, Michael Collins, Paula Bienenfeld (Recorder), Nick Chevance, Elizabeth Copley, Ron Deverman, Harold Draper, Al Herson, Denise Keele, Yardena Mansoor, Joe Musil, Grace Musmumeci, Kathleen Riek-Miller, Bill Sadline, Owen Schmidt, Karen Vitulano, Lasantha Wedande, R.C. Wooten
Agenda
1. Overview, new items
2. Update on conference planning
3. Elections for NEPA Working Group
4. New CEQ NEPA Coll. Handbook
5. Forest Service
6. Next steps for NEPA Annual Report
Update on Conference Planning
Michael:
The Program is pretty much put together; there will be a heavy emphasis on climate change. NAEP is joining with the CA AEP group. There will be six concurrent sessions during all time slots. There will be 4 pre-meeting events. There will be a symposium on CEQA, NEPA, and climate change. CA Attorney General’s Office, etc., and other high-level agency staff will attend. Wednesday evening: the President’s reception will be in the exhibitors’ area. There will be a career fair. Thursday: There will be concurrent sessions, through Friday, to 1:15 pm
Friday: there will be hot topic lunches, including 3 that are of interest to the NEPA group, incl. Horst Griswall from CEQ. The NEPA Business Meeting will be held Thursday at 5-6 pm. A new chair and vice chair will be appointed at that meeting. There will be field trips, and three keynote speakers.
Questions:
Karen: when will sessions be on the website? A: Next week. The conference is at the Omni Hotel and they are taking reservations now.
Elections for NEPA Working Group
The terms are 2-year terms. Michael was elected in 2006. He will solicit nominations and will send out an email ballot. You can self-nominate. Information will be out in late January/early February 2008.
NEW CEQ NEPA Handbook
CEQ released a new edition of the handbook coming out of the 2003 Task Force report. This handbook—NEPA and collaboration. It is the second official final product from that Working Group/Task Force. The first one was the EMS NEPA Guide. There is a link on the CEQ website. See it at: http://ceq.eh.doe.gov/ntf/Collaboration_in_NEPA_Oct_2007.pdf
There are two more in draft form; all are posted on the website: http://www.nepa.gov/nepa/nepanet.htm
Harold, a member of the EA Working Group.: Programmatic Agreement is circulating within the Federal Government.
Yardena, a member of the Categorical Exclusions Working Group. The federal agency comments have been submitted.
Owen Schmidt: These are non-confrontational. In 1997 CEQ put out a draft memo on addressing global warming in NEPA documents; that was never finalized.
Forest Service
Peter Havens (Vice-Chair) has invited the Forest Service to attend one of our telephone calls to brief us on their EIS production status and lessons learned. The purpose of the brief would be informational only and not an opportunity to comment on the ongoing NEPA process.
Denise Keele: Two suits have been filed. One California court ruled this violated NEPA. This is a fascinating topic. Went to Congressional hearing in May. There are questions, e.g., what is a P. Analysis? The person from the USFS requested to be on the call to give an update of this in next month’s conference call (PH note: now scheduled for Jan).
Concern: we may be flooded with requests. Trying to instigate a follow-up study.
Next Steps for NEPA Annual Report
Outline in an email from Michael. Background:
Two years ago there was the idea for a report to summarize the state of NEPA. An outline was set up, but it bogged down. Now, a 2006 update is underway, so it was decided to prepare a 2007 Edition. The idea is to release it around the time of the annual meeting. Items to add/remove from the list? Michael asks for volunteer to coordinate; to assign the remainder of the topics. Grace offered to help coordinate this.
Questions.
Owen: Is this a print publication?A: It will be a pdf on the NAEP website. There will be possible hard copies at the annual meeting. Owen suggested developing a wikipedia-type site for NEPA. For example, DOT has a NEPA website. Michael thought that was a great idea.
There was some discussion of the information on the website as current. Elizabeth Copley said she could look for Army changes and would take the lead on that.
Q: What about people in different states and agencies? Michael stated it was good to create a way for people to input new information in real time. He will go to the Board and see what’s available. We need to get organized and see what we need, we need option gatekeepers.
Q by Michael to Owen: Are there software packages to support this? A from Owen: No, but I see what I like and I use it on the web. We could have a wiki or a blog. (PH note: a test blog was setup 12 Dec 07)
Seconds:
Announcement by Joe Musell: Board elections are coming out. Offices are for a three-year term; four slots are open; all are self-financing.
MEETING ADJOURNED
Respectfully submitted,
Paula Bienenfeld
Teleconference Meeting Notes, 11/14/07
Attendees:
Paul Amato, Michael Collins, Paula Bienenfeld (Recorder), Nick Chevance, Elizabeth Copley, Ron Deverman, Harold Draper, Al Herson, Denise Keele, Yardena Mansoor, Joe Musil, Grace Musmumeci, Kathleen Riek-Miller, Bill Sadline, Owen Schmidt, Karen Vitulano, Lasantha Wedande, R.C. Wooten
Agenda
1. Overview, new items
2. Update on conference planning
3. Elections for NEPA Working Group
4. New CEQ NEPA Coll. Handbook
5. Forest Service
6. Next steps for NEPA Annual Report
Update on Conference Planning
Michael:
The Program is pretty much put together; there will be a heavy emphasis on climate change. NAEP is joining with the CA AEP group. There will be six concurrent sessions during all time slots. There will be 4 pre-meeting events. There will be a symposium on CEQA, NEPA, and climate change. CA Attorney General’s Office, etc., and other high-level agency staff will attend. Wednesday evening: the President’s reception will be in the exhibitors’ area. There will be a career fair. Thursday: There will be concurrent sessions, through Friday, to 1:15 pm
Friday: there will be hot topic lunches, including 3 that are of interest to the NEPA group, incl. Horst Griswall from CEQ. The NEPA Business Meeting will be held Thursday at 5-6 pm. A new chair and vice chair will be appointed at that meeting. There will be field trips, and three keynote speakers.
Questions:
Karen: when will sessions be on the website? A: Next week. The conference is at the Omni Hotel and they are taking reservations now.
Elections for NEPA Working Group
The terms are 2-year terms. Michael was elected in 2006. He will solicit nominations and will send out an email ballot. You can self-nominate. Information will be out in late January/early February 2008.
NEW CEQ NEPA Handbook
CEQ released a new edition of the handbook coming out of the 2003 Task Force report. This handbook—NEPA and collaboration. It is the second official final product from that Working Group/Task Force. The first one was the EMS NEPA Guide. There is a link on the CEQ website. See it at: http://ceq.eh.doe.gov/ntf/Collaboration_in_NEPA_Oct_2007.pdf
There are two more in draft form; all are posted on the website: http://www.nepa.gov/nepa/nepanet.htm
Harold, a member of the EA Working Group.: Programmatic Agreement is circulating within the Federal Government.
Yardena, a member of the Categorical Exclusions Working Group. The federal agency comments have been submitted.
Owen Schmidt: These are non-confrontational. In 1997 CEQ put out a draft memo on addressing global warming in NEPA documents; that was never finalized.
Forest Service
Peter Havens (Vice-Chair) has invited the Forest Service to attend one of our telephone calls to brief us on their EIS production status and lessons learned. The purpose of the brief would be informational only and not an opportunity to comment on the ongoing NEPA process.
Denise Keele: Two suits have been filed. One California court ruled this violated NEPA. This is a fascinating topic. Went to Congressional hearing in May. There are questions, e.g., what is a P. Analysis? The person from the USFS requested to be on the call to give an update of this in next month’s conference call (PH note: now scheduled for Jan).
Concern: we may be flooded with requests. Trying to instigate a follow-up study.
Next Steps for NEPA Annual Report
Outline in an email from Michael. Background:
Two years ago there was the idea for a report to summarize the state of NEPA. An outline was set up, but it bogged down. Now, a 2006 update is underway, so it was decided to prepare a 2007 Edition. The idea is to release it around the time of the annual meeting. Items to add/remove from the list? Michael asks for volunteer to coordinate; to assign the remainder of the topics. Grace offered to help coordinate this.
Questions.
Owen: Is this a print publication?A: It will be a pdf on the NAEP website. There will be possible hard copies at the annual meeting. Owen suggested developing a wikipedia-type site for NEPA. For example, DOT has a NEPA website. Michael thought that was a great idea.
There was some discussion of the information on the website as current. Elizabeth Copley said she could look for Army changes and would take the lead on that.
Q: What about people in different states and agencies? Michael stated it was good to create a way for people to input new information in real time. He will go to the Board and see what’s available. We need to get organized and see what we need, we need option gatekeepers.
Q by Michael to Owen: Are there software packages to support this? A from Owen: No, but I see what I like and I use it on the web. We could have a wiki or a blog. (PH note: a test blog was setup 12 Dec 07)
Seconds:
Announcement by Joe Musell: Board elections are coming out. Offices are for a three-year term; four slots are open; all are self-financing.
MEETING ADJOURNED
Respectfully submitted,
Paula Bienenfeld
Thursday, December 13, 2007
How to participate
At this time, the settings are: Moderated, any Visitor may comment, only Authors may post new topics. Visitors may make "comment" on an existing topic of discussion (a.k.a. "post") or the Moderator and Authors may begin new topics of discussion with a new "post."
The web site is open at this time to all visitors, but can be limited by permission, blog membership, or by gmail email address if the NEPA WG so desires.
The Moderator is the current NAEP NEPA WG Vice Chair.
A Visitor may comment by clicking on the "Comments" link at the bottom of each post.
An Author is designated upon request by the Moderator and will have a "new post" menu pic at the top right of the screen.
Please add your comments and questions about the site to this post.
The web site is open at this time to all visitors, but can be limited by permission, blog membership, or by gmail email address if the NEPA WG so desires.
The Moderator is the current NAEP NEPA WG Vice Chair.
A Visitor may comment by clicking on the "Comments" link at the bottom of each post.
An Author is designated upon request by the Moderator and will have a "new post" menu pic at the top right of the screen.
Please add your comments and questions about the site to this post.
Wednesday, December 12, 2007
Agency NEPA Web Links
The CEQ maintains and updates the NEPA Net website for links to reports and guidance, agency NEPA contacts and agency NEPA web sites. Check it out at www.nepa.gov
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