NEPA Process and Specific Requirements - Environmental Impact Analysis: Process and Methods - page 102

r What are the penalties for violating NEPA and implementing regu-
lations? There are no penalties in the classic sense (e.g., fines, sanc-
tions, retribution, incarceration). The federal agencies have been
entrusted to carry out NEPA at the same level of commitment and
responsibility that they address their respective missions. If coor-
dination with other federal agencies or litigation following an ROD
identifies a lapse in NEPA compliance, the agency is required to “fix”
the flaw or omission before they can implement the action.
T The pu r po s e of N EPA a s v iewed by t The U.S. Fore st S er v ice, wh ic h prepa re s t The
largest number of EISs annually, was also recently evaluated (Stern et al. 2010).
The evaluation included a survey of over 3000 U.S. Forest Service employees
involved with NEPA and interviews with focus groups. The study concluded
that the two primary purposes of NEPA identified by all categories of NEPA
practitioners (e.g., advisor, line officer, and implementer) were (1) public dis-
closure of environmental analyses and (2) public disclosure of decision-mak-
ing process. The ranking of the other nine potential purposes of NEPA in
the U.S. Forest Service diverged based on the respondent's role in NEPA but
the purpose “to increase environmental sensitivity of agency actions” was
ranked seventh or eighth (out of 11) by every group and “protection from liti-
gation” was ranked 10th or 11th. Similarly when asked which of 18 possible
measures of NEPA successes respondents consistently listed, “full disclosure
of environmental analyses has taken place” and “well documented rationale
for decision is developed” were identified as the two most important success
factors. “The final decision minimizes adverse impact” ranked fourteenth
and “lack of litigation” was last.
Thus within the federal agency conducting the most environmental analy-
ses, and likely a prevalent view across the board, NEPA is viewed as a pro-
cess more than a tool to achieve environmental protection or enhancement.
Some, particularly line officers, viewed it as a process to “get through” rather
than addressing environmental protection or improving decision making
(Stern et al. 2010). It is encouraging that the public disclosure aspect of NEPA
is so broadly recognized, which sets an important foundation for environ-
mental protection and better decisions. It also emphasizes the importance
of NEPA and similar environmental impact analyses as a foundation for
integrating environmental permits and other processes that are specifically
intended to achieve defined levels of environmental protection (see Chapter 9
on coordinated analysis with other environmental protection measures).
Even after 40 years, NEPA compliance and practice are evolving and
maturing with new methods, approaches, and interpretations by court
cases. One way to keep abreast of recent actions and changes is through the
National Association of Environmental Professionals' web site, www.naep
.org, which issues biweekly newsletters and an annual NEPA report. There
are also several peer-reviewed journals that report research and comment