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.