An agency should “take into account the probable environmental consequences of the emergency action and consider taking steps to mitigate reasonably foreseeable adverse environmental effects.” Image: DOI/Neal Herbert
By: FEDweek StaffThe White House’s Council on Environmental Quality has issued guidance to agencies on what it calls “alternative means” for meeting obligations under the National Environmental Policy Act—which requires them to to assess the environmental effects of their proposed actions prior to making decisions—in emergency situations.
“As an agency responds to emergency circumstances, it must consider whether there is sufficient time to follow the requirements for environmental review established in the agency’s NEPA procedures, or whether the situation warrants alternative arrangements for NEPA compliance. An agency may use this guidance to assist it in determining an appropriate approach depending on the level of NEPA review,” it says.
That applies “when authorizing, funding, or carrying out a wide range of proposed actions in emergency circumstances, including natural disasters, catastrophic wildfires, threats to species and their habitat, economic crises, infectious disease outbreaks, potential dam failures, insect infestations, and emergencies declared by the President,” it says.
It says that agencies should “not delay taking actions necessary to address immediate threats” to life, property, or important natural, cultural, or historic resources, where it “lacks sufficient time to prepare a NEPA analysis and any required documentation.” However, an agency should “take into account the probable environmental consequences of the emergency action and consider taking steps to mitigate reasonably foreseeable adverse environmental effects.”
Agencies also should further determine if the action qualifies as a “major federal action subject to NEPA” and if it is, determine the “appropriate level of NEPA review” taking into account the various exclusions the law,” it says.
“Federal departments and agencies (agencies) should distribute this guidance as part of their general guidance on emergency actions to agency offices that are or may become involved in developing and taking actions in response to emergencies,” it adds.
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