NEPA Process and Specific Requirements - Environmental Impact Analysis: Process and Methods - page 101

r Does a federal agency make a decision to or not to implement a project
based on its environmental impact? The simple answer is no, but they
must understand the environmental implications prior to making the
decision. They are also publicly accountable for their decision and the
courts have determined that it cannot be arbitrary or capricious.
r Is the agency required to select the alternative with the most pub-
lic support? Absolutely not, the decision is at the discretion of the
agency proposing the action. But they must inform the public, solicit
their input, and respond to all submitted questions and comments.
Fostering public and other stakeholder support can also be an effec-
tive tactic to successfully implementing the proposed action.
r Must an agency follow codified procedures? This is one of the few
absolute requirements of NEPA: the agency must follow established
procedures. Failure to do so is the primary factor in court decisions
regarding the violation of NEPA.
r Must agencies make a smart decision? No, unfortunately not even
Congress can force wisdom in decisions. But NEPA does require
open decisions and daylight generally increases the wisdom of a
decision. Also in theory, the input from knowledgeable, affected,
and involved stakeholders should make for a better and more sus-
tainable decision.
r Is mitigation of all environmental impacts required? No, but an
agency must fully consider mitigation of identified impacts, and if
they have not been incorporated in the decision and implementation
of the proposed action, they have to explain why not.
r Are there required scientific and engineering methods to be used in
environmental analysis and impact prediction? No, there are no man-
dated methods. Every project, program, or policy is different and the
methods must be developed and chosen for each individual case.
However, the selected methods must utilize a systematic, interdisci-
plinary approach that will ensure the integrated use of the natural
and social sciences and the environmental design arts in planning and
decision making that may have an impact on the human environment.
This promotes the use of objective, quantitative, and accepted meth-
ods and discourages approaches that are purely qualitative (if other
methods are available), subjective, arbitrary, and have a large “waving
of hands” component. The courts have interpreted NEPA and the
implementing CEQ regulations as giving the agency proposing the
action great latitude in selecting and implementing the environmental
analysis methods to be used. However, they have ruled that if another
credible source identifies a particular approach or a technical issue to
be considered and the agency does not use the suggested methods or
address the issue raised, they must explain why not.