This site is inactive.

Please redirect to: http://draftnepa.wetpaint.com/ for current NEPA Workng Group information.

June Agenda

WG Update - Peter Havens, WG Chair

• The NAEP official web site has been updated through April http://www.naep.org/
• Checkout the new web site that can accommodate forums and wiki http://draftnepa.wetpaint.com/
• 2007 Annual Report - Please read and comment so that the report can grow and improve
• 2008 Annual Report - Grace Musumeci is ready to take input. Also, you may enter your input onto the new wiki site

News

• See the Department of Energy's Quarterly NEPA Lessons Learned, edited by Yardena Mansoor. This issue has several articles of interest, including photos from the 2008 NAEP Annual Conference.
• The Bush Administration has prepared two global warming reports: 1) The effects of climate change on agriculture, land resources, water resources, and biodiversity in the United States and 2) Scientific Assessment of the Effects of Global Warming on the United States.
• The Congressional Research Service has prepared a report on global warming litigation titled Climate Change Litigation: A Growing Phenomenon.

Academic support - Denise Keele

• Research Proposal: Environmental Impact Assessment
• Description: The extent to which project level impacts predicted/assessed in Environmental Impact Statements (EIS) were realized when the chosen action was implemented is virtually unknown. The purpose of this research is to monitor post-implementation environmental impacts in order to measure them against pre-implementation predicted/assessed environmental impacts. Recent project level EIS's will be selected (perhaps can be representative of the diversity of geography, project type and agency) to measure post-implementation impacts against pre-implementation predictions. The monitoring program developed could be adapted to many agency NEPA procedures and the results/data could be used to better inform new project documentation and decisions within the NEPA process. In addition to discussing the idea for the research, I would like to ask the WG members their thoughts on different methodological approaches as well as ways they may be willing to help with the project.
  

FAQ Question – Jean Krewson

• How should I deal with climate change in my NEPA Documents?
  Direct impactsAcknowledge data not available for indirect effectsOther issues such as
  invasive species contributing to warming which plantings can sequester carbon how far do we go? no panaceas

National Forest Management Act 2008 Planning Rule

The 2008 Planning Rule was published in the Federal Register 21 Apr 08. See the Forest Service web site for the rule, explanatory notes, Q&A's and more: http://www.fs.fed.us/emc/nfma/2008_planning_rule.html

This final rule describes theNational Forest System (NFS) landmanagement planning framework; sets up requirements for sustainability of social, economic, and ecological systems; and gives directions for developing, amending, revising, and monitoring land management plans. It also clarifies that, absent rarecircumstances, land management plans under this final rule are strategic in nature and are one stage in an adaptivec ycle of planning for management of NFS lands. The intended effects of the rule are to strengthen the role of science in planning; to strengthen collaborative relationships with the public and other governmental entities; to reaffirm the principle of sustainable managementc onsistent with the Multiple-Use Sustained-Yield Act of 1960 (MUSYA) and other authorities; and to streamline and improve the planning process by increasing adaptability to changes in social, economic, and environmental conditions. This rulemaking is the result of a United States District Court of Northern California order dated March 30, 2007, which enjoined the United States Department of Agriculture (the Department, the Agency, or the USDA) from putting into effect and using theland management planning rule published on January 5, 2005 (70 FR1023) until it complies with the court’s order regarding the NationalEnvironmental Policy Act (NEPA), theEndangered Species Act (ESA), and the Administrative Procedure Act (APA)(Citizens for Better Forestry v. USDA,481 F. Supp 2d 1059 (N.D. Cal. 2007)). The purpose of this final rule is torespond to the district court’s ruling.

Oops

The Annual Report link at the right appears to have broken. I will fix that when I have some time. In the meantime, please go to www.naep.org and navigate to the NEPA Working Group page. You can view and download the Annual Report from that page. Please email/call me if you have any questions.

May Notes

NAEP NEPA Working Group members,

This month, we turn our attention to electing a Vice Chair for our group. Please vote today after considering the nominees' bios.

To vote, send me an email identifying your preference for one of three nominees for the WG Vice Chair position, Rich Gilmour, Jean Krewson, or Paul Valihura (see bios below). As you recall the WG vice chair assists the chair in conducting the monthly meetings, taking notes, managing the WG membership list and identifying new tpics and activities for group consideration. The vice chair also stands in for the chair in the occasional event when the chair is absent.

Also, this month, we begin our monthly conference calls. Please let me know if you have any agenda items in addition to the following:
- Vice Chair election
- Review of 2008 Conference
Please set aside Wednesday, 14 May, 11:30 Pacific (2:30 PM Eastern) for this conference call. To access the call, Dial 1-800-414-2147 and ask the operator to connect you to the conference call at 526-5056. You will be asked for your name, and then connected to the call. If you dial in too early, you will receive a message that the call is about to begin, and then you will be disconnected. If that happens, redial in a minute or two.

The Annual NEPA Report for 2007 is available! See links here and in the upper right of the blog home page. Grace Musumeci is the NEPA Report coordinator, editor, compiler, etc. Please let her or me know what you think.

Thank you for your continued support of the NAEP NEPA Working Group. Please call or email me if you have any comments, questions or suggestions about the WG.

Sincerely,
Peter W. Havens, CEP
NAEP NEPA Working Group Chair


----------------------

NAEP NEPA Working Group
Vice Chair 2008-2010 nominees
Professional background statements have been edited and condensed for comparison by Peter Havens from information provided by the individual and information available on the Internet.

Rich Gilmour, AICP
Professional Planner
Coastal Management Division
Malcolm Pirnie, Inc.

Rich is a consultant employee specializing in environmental, community, and regional planning. His experience encompasses population, employment and land use analyses; environmental assessment preparation, environmental impact statement preparation and coastal zone planning. His experience also includes coordinating environmental impact studies, permit application packages and other analyses for major infrastructure projects.

Jean Krewson
Environmental Review Services Coordinator
Iowa Department of Natural Resources

Jean is a state employee who integrates environmental impact assessment within the Iowa State Revolving Fund (SRF) program. [PH note: The Iowa SRF distributes public funding for utilities development projects] Working with SRF applicants, consultants and grant administrators, Jean composes and distributes environmental impact assessment documents as part of the SRF application approval process. She works with the USACE, USFWS, NRCS, 30 Native American Tribes, and the Iowa SHPO to apply either standard or creative means to resolve environmental and funding issues. She also coordinates directly with IDNR Conservation and Recreation, Floodplain, Field Offices, and the Iowa Attorney General's Office.

Paul Valihura, PhD
Environmental Compliance Team Leader
Department of Transportation
Research and Innovative Technology Administration

Paul is a federal employee who formulates and executes studies integrating transportation and the human environment. He leads multidisciplinary teams preparing environmental impact statements and mitigation plans, monitoring construction and permit compliance, developing and analyzing site alternatives, considering hazardous waste compliance, instituting community involvement, completing ecological field monitoring, and leading public presentations. He has provided public expert testimony on ecological impacts of alternative transportation.

Pre-publication Forest System Land Management Rule Available

The final rule describes the National Forest System (NFS) land management planning framework; sets up requirements for sustainability of social, economic, and ecological systems; and gives directions for developing, amending, revising, and monitoring land management plans. It also clarifies that, absent rare circumstances, land management plans under this final rule are strategic in nature and are one stage in an adaptive cycle of planning for management of NFS lands.

The intended effects of the rule are to strengthen the role of science in planning; to strengthen collaborative relationships with the public and other governmental entities; to reaffirm the principle of sustainable management consistent with the Multiple-Use Sustained-Yield Act of 1960 (MUSYA) and other authorities; and to streamline and improve the planning process by increasing adaptability to changes in social, economic, and environmental conditions.

This rulemaking is the result of a United State District Court of Northern California order dated March 30, 2007, which enjoined the United States Department of Agriculture (the Department, the Agency, or the USDA) from putting into effect and using the land management planning rule published on January 5, 2005 (70 FR 1023) until it complies with the court’s order regarding the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Administrative Procedure Act (APA) (Citizens for Better Forestry v. USDA, 481 F. Supp 2d 1059 (N.D. Cal. 2007)). The purpose of this final rule is to respond to the district court’s ruling. This final rule replaces the 2005 final rule (2005 rule) (70 FR 1022, Jan. 5, 2005), as amended March 3, 2006 (71 FR 10837) (which was enjoined by the district court’s ruling) and the 2000 final rule (2000 rule) adopted on November 9, 2000 (65 FR 67514) as amended on September 29, 2004 (69 FR 58055).

See the entire pre-pub version and other USFS NFMA planning info at: http://www.fs.fed.us/emc/nfma/2008_planning_rule.html

BLM Western Oregon Plan Revisions

The Bureau of Land Management is revising the six western Oregon Resource Management Plans tiered to the Northwest Forest Plan. The revised plans (to be completed in the fall of 2008) will address public lands and resources managed by the Salem, Eugene, Roseburg, Medford, and Coos Bay Districts and the Klamath Falls Resource Area of the Lakeview District. The planning area includes approximately 2,550,000 acres of public lands. About 2,100,000 of those acres are land revested from the Oregon and California Railroad and are managed under the O&C Lands Act of 1937.

The planning process began on September 7, 2005 with formal issue scoping. A Draft Environmental Impact Statement was available for public review from August 10, 2007 through January 11, 2008. More about public involvement activities >>>

A Science Team consisting of seven scientists and natural resource specialists from several federal and state agencies was formed in 2005 to provide scientific advice to the BLM to “enhance the quality and credibility of RMP revision analyses”.

See more at: http://www.blm.gov/or/plans/wopr/index.php

NHTSA CAFE EIS Notice and Request for Scoping Comments

NHTSA plans to prepare an Environmental Impact Statement (EIS) to address the potential environmental impacts of the agency's Corporate Average Fuel Economy [CAFE] program for passenger automobiles (= "passenger cars'') and non-passenger automobiles (= "light trucks''). The EIS will address new fuel economy standards for model year 2011-2015 passenger cars and light trucks. The notice initiates the NEPA scoping process to identify the environmental issues and reasonable alternatives to be examined in the EIS, and requests comments regarding those and other matters related to the scope of NHTSA'S NEPA analysis for the new standards.

See FR notice at: http://edocket.access.gpo.gov/2008/E8-6227.htm

Should we distribute the NEPA WG email list to members?

A suggestion has been made to distribute the WG name/email address list to WG members.

I am inclined to do this, but I don't know what you think.

If you have an objection or other comment, please let me know at peter dot havens at embarqmail dot com or (360) 471-5167.

P

Environmental Planning position at EPA San Francisco

UPCOMING ONE-YEAR POSITION IN
TRANSPORTATION/ENVIRONMENTAL PLANNING
US ENVIRONMENTAL PROTECTION AGENCY, SAN FRANCISCO OFFICE

The Environmental Protection Agency (EPA) Region 9 is hiring to fill a newly created position within the Environmental Review Office to facilitate better integration of early environmental impact analysis with regional transportation planning. The position will be based in the EPA Region 9 San Francisco Office and will be funded by the California Department of Transportation, Divisions of Environmental Analysis and Transportation Planning.

Using knowledge of regulations and guidance in environmental, transportation, and planning fields, the successful applicant will promote interagency coordination and consultation between the EPA, federal and state regulatory and resource agencies, California Department of Transportation, and local transportation and planning organizations in California. The position is funded for one-year at the GS-11 pay-rate with an anticipated start date of April/May 2008.

Work includes, but is not limited to:
- Coordination with local planning organizations (metropolitan planning organizations and rural transportation planning agencies) to identify key environmental issues, sensitive resources, and available resource data to facilitate improved transportation and land-use planning and decision-making.
- Reviewing current federal regulations regarding resource agency consultation and involvement during statewide and regional planning processes.
Participation in California’s Regional Blueprint Planning Program to provide a federal resource and regulatory agency perspective on integrated land-use, transportation, and environmental planning.
- Preparing correspondence to transportation agencies regarding environmental impact assessment and data sources.

Desired skills for the successful implementation of this newly created position include
- Experience with integrated land-use and transportation planning,
- Experience with regional environmental, land-use, and transportation planning efforts (Regional Transportation Plans, Conservation and Open Space Plans, Multiple Species Habitat Conservation Plans),
- Knowledge of environmental impacts (habitat, air and water quality) associated with transportation projects
- Knowledge and skills with geographic information systems (GIS) tools and digitized resource data sources.
- Experience reviewing and analyzing environmental analysis documents.
- Ability to work both independently and as a part of a team.

This position will be posted on www.USAJOBS.gov in March/April 2008. Please send a resume and short statement of interest to Connell Dunning at dunning.connell@epa.gov if interested. Please also apply online to the position through USAJOBS when it is posted.

Request for Help on Programmatic EIS

DRTurner asks if anyone can recommend good guidance for structure/developing a PEIS.

PW Havens: There are different types of guidance depending on your experience with NEPA document preparation. Reference materials range from the specific federal agency NEPA regulations and federal NEPA regulations at 40 CFR 1500-1508 to CEQ guidance at http://www.nepa.gov/ to legal and technical texts by noted authors. If you have specific questions, there are many members who can help. Let us know more about your need and how we can help. Any additional comment is welcomed.

Reminder of Proposed DOI NEPA Regulations

The following is excerpted from the DOI FR notice of January 2, 2008 (FR 73:1:126) Implementation of the National Environmental Policy Act (NEPA) of 1969 - Comments due 3 March 2008. See notice at: http://www.nepa.gov/nepa/DOI_Proposed_Reg_Jan_2_2008.pdf

The Department of the Interior has issued new regulations to codify its NEPA procedures currently in the Departmental Manual (DM). This proposed regulation contains Departmental policies and procedures for compliance with NEPA, Executive Order (E.O.) 11514, E.O. 13352 and the Council on Environmental Quality’s (CEQ) regulations. This proposed regulation provides further guidance on NEPA by [providing] greater public and stakeholders’ participation in the NEPA process, collaborative NEPA planning, conflict avoidance, and use of adaptive management. Finally, this proposal will allow for better integration of NEPA procedures and documentation into current Departmental decision-making processes, including collaborative and incremental decision-making.

Notice of availability of the Final Constellation Programmatic Environmental Impact Statement (PEIS)

NASA has prepared and issued the Final PEIS for the proposed Constellation Program to assist in the NASA decision making process. The Proposed Action (Preferred Alternative) is to continue preparations for and to implement the Constellation Program. The focus of the Constellation Program is the development of the flight systems and Earth-based ground infrastructure required to enable the United States to have continued access to space and to enable future human missions to the International Space Station, the Moon, Mars, and beyond. The Constellation Program also would be responsible for developing and testing flight hardware, and performing mission operations once the infrastructure is sufficiently developed. The only alternative to the Proposed Action discussed in detail is the No Action Alternative where NASA would not continue preparations for nor implement the Constellation Program and therefore, would forego the opportunity for human exploration of space using U.S. space vehicles.
DATES: NASA will issue a Record of Decision (ROD) for the proposed Constellation Program based on the Final PEIS no sooner than February 18, 2008, or 30 days from the date of publication in the Federal Register of the U.S. Environmental Protection Agency's notice of availability of the Final PEIS, whichever is later.

NAEP NEPA WG member Lasantha Wedande is the contractor PM on this project. See more information at NASA's status report page: http://www.spaceref.com/news/viewsr.html?pid=26759.

Navy to consider five OLF sites in Virginia and North Carolina

Navy training to continue with Presidential exemption from CZMA and alternative NEPA arrangements with CEQ

The Navy announced on 16 Jan that two important steps have been taken under existing law and regulations to allow it to conduct effective, integrated training with sonar off the coast of southern California after a federal court earlier this month imposed untenable restrictions on such training.

In accordance with the provisions of the Coastal Zone Management Act (CZMA), and at the recommendation of the Secretary of Commerce, the President concluded that continuing these vital exercises without the restrictions imposed by the district court is in the paramount interests of the United States. He signed an exemption from the requirements of the CZMA for the Navy’s continued use of mid-frequency active (MFA) sonar in a series of exercises scheduled to take place off the coast of California through January 2009. The Navy already applies twenty-nine mitigation measures approved by federal environmental regulators when using active sonar, and these will remain in place.

In a separate but related action, the Council on Environmental Quality approved the Navy’s request for alternative arrangements for compliance with the National Environmental Policy Act, or NEPA, for these exercises until completion of the Southern California Range Complex environmental impact statement.

For additional information, contact the Navy Office of Information at (703) 697-5342 or visit the Navy’s Web site concerning sonar and marine mammals at http://www.whalesandsonar.navy.mil/, or the Southern California Range Complex Environmental Impact Statement Web site at http://www.socalrangecomplexeis.com/. See also a more recent Navy Times article titled "Judge lifts parts of Navy sonar restrictions" at http://www.navytimes.com/news/2008/01/navy_sonar_update_080118w/.

Del Rio Border Fence Sector EA available for comment

U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS) has prepared a Draft EA to identify and assess the potential impacts associated with the proposed construction, operation, and maintenance of tactical infrastructure, to include primary pedestrian fence, concrete retaining wall, access roads, patrol roads, and lights, along approximately 4 miles of the U.S./Mexico international border within the U.S. Border Patrol (USBP) Del Rio Sector, Texas (the Proposed Action). The Draft EA is available for public review and your comments are requested. Comments are due by 5 February 2008.

See details, including downloadable documentation at the Border Fence Environmental Planning web site: http://www.borderfencenepa.com/del-rio-sector-ea/

MMS Releases DEIS on Cape Wind Project

The Minerals Management Service today released the Draft Environmental Impact Statement for the Cape Wind project proposed for Nantucket Sound off the Massachusetts coast. The MMS will begin accepting comments on the DEIS on Friday, January 18, 2008 when a Notice of Availability for the DEIS is published in the Federal Register. Written comments will be accepted beginning January 18, 2008 through March 20, 2008, and MMS will also hold public hearings on the document in March of 2008.

Cape Wind is the first offshore wind energy project to come before MMS for review.

The DEIS and additional information on the project are available on-line at the MMS web site http://www.mms.gov/offshore/RenewableEnergy/CapeWind.htm

NAEP 2008 Conference - Registration Deadline

EARLY registration deadline for the NAEP 2008 Conference is this Monday, 14 January 2008. Register at the NAEP web site: www.naep.org

Members' Announcements

1) Winter 2008 Multi State Working Group Meeting.
An Ecologically-Driven NEPA – Looking for More than Mitigation and Moderation

Feb. 11 & 12, 2008, New Orleans, Louisiana.

This dialogue will explore the feasibility and advisability of adopting new approaches to National Environmental Policy Act (NEPA) implementation and regulatory mechanisms, specifically to contemplate (in certain circumstances) that rather than merely mitigating adverse environmental, social, and economic impacts (or trading adverse environmental and social impacts for beneficial economic results), certain projects must result in positive overall contribution towards the attainment of ecological and community sustainability, both at the local and regional levels. Delivered In Partnership with The Tulane University School of Law.

Hotel Chateau Sonesta
800 Iberville St
New Orleans, LA 70112
504-586-0800, ask for MSWG-Multi-State Working Group room block
Block rate: $119 (+13%+$1 tax) single & double

See details at: http://www.mswg.org/documents/2008/New_Orleans/NO_1_08_Agenda_Rev6.pdf
Also see MSWG Regional Meetings home at: http://www.mswg.org/regional_meetings/

2) NEPA and Climate Change Update: Latest Legal Develoments and Practical Advice (Webinar)

January 15, 2008, online

This web and audio seminar will review recent legal developments on NEPA and climate change and present practical approaches for conducting a NEPA climate change analysis. First offered in August 2007, this new seminar will summarize updated scientific information from the latest report issued by the United Nations Intergovernmental Panel on Climate Change (UNIPCC). It will also review in detail the latest NEPA climate change case that overturned proposed federal fuel economy standards for light trucks, Center for Biological Diversity v. National Highway Traffic Safety Administration (CBD v. NHTSA) (9th Circuit, November 15, 2007).

Ed note: CBD v NHTSA overview was posted here in December. See links at right, or direct your browser here: http://draftnepa.blogspot.com/2007/12/center-for-biological-diversity-v.html

Instructor: Al Herson
Time: 11:00 a.m. - 1:00 p.m. Pacific Standard Time
Cost: $150

See details at: http://www.swca.com/training/descriptions/nepa_climate_webinar.html

Don't miss the January WG telephone call!

The monthly Working Group telephone call will be held this Wednesday at 2:30 PM Eastern. Agenda includes a technical discussion of USFS Land Planning NEPA. Dial in numbers are the same as before. Please call or email Michael Smith or Peter Havens for additional information.

National Environmental Protection Act

In one recent Westlaw search, 9 out of 230 recent NEPA cases (almost 4 percent) refer to the "National Environmental Protection Act" rather than the proper "National Environmental Policy Act."  Beware this error when searching for cases ........ they don't always get the words exactly right.  

January 3, 2008

Happy New Year

Happy New year to all NAEP NEPA Work Group members! Please remember to set aside time for our monthly telephone call. This month's call will be next Wednesday, 9 January at 2:30 Eastern. Dial in instructions will be sent to all members. Please let me know if you are not receiving notifications.