NEPA Process and Specific Requirements - Environmental Impact Analysis: Process and Methods - page 74

challenges of NEPA EISs, as summarized in Schmidt (1993) which illustrate the
importance of clearly defining the purpose and need. Several of these are pre-
sented in the following sections and these cases demonstrate how the purpose
and need statement is used to narrow the universe of alternatives that must
be considered, thus making preparation of the EIS more focused and efficient.
Additionally, cases provide instruction on wisely and concisely constructing
the statement, responding to EIS comments consistent with the statement, and
producing an EIS that can survive legal challenges. Following the presentation
of legal challenges to EISs based on purpose and need, case studies of suc-
cessful purpose and need processes are discussed. Two NEPA EIS case studies
are presented where the purpose and need statement was central to the devel-
opment and screening of alternatives. As discussed, they supported the goals
discussed earlier for a concise and wise purpose and need statement: solicit
meaningful stakeholder input, focus and increase efficiency of EIS preparation,
identify superior alternatives, and meet NEPA procedural requirements.
3.2.2.1 City of New York v. U.S. Department of Transportation.
715 F.2d 732 (2d Cir. 1982), cert. denied, 465 U.S. 1055 (1984)
The U.S. Department of Transportation (DOT) was charged with promul-
gating safety requirements for transporting radioactive materials on the
nation's highways. Since this was a federal action with potentially signifi-
cant impacts, the DOT as the lead agency prepared an EIS with the purpose
and need of improving the safety of highway transportation of radioactive
materials. DOT's resulting EIS and decision evaluated and established a set
of regulations for highway transport of the material, which was challenged
by the City of New York because DOT did not evaluate the alternative of
barge transport of radioactive materials around population centers (e.g.,
New York City) to promote highway safety. The court upheld DOT's treat-
ment of alternatives in the EIS because of the narrowly constructed purpose
and need statement. The court concluded that based on the purpose and
need statement (rules for safe highway transport of radioactive materials)
appropriate alternatives might include various highway routes, transporta-
tion equipment, and driver qualifications, but alternatives means of trans-
portation were not required. The court commented that if the purpose and
need statement was broader, such as safe transport of radioactive materials,
then inclusion of barge transport and many other alternatives should have
been considered in the EIS.
3.2.2.2 Natural Resources Defense Council
v. Morton 458 F. 2d 827 (D.C. Cir. 1972)
The U.S. Department of the Interior proposed to issue Gulf of Mexico oil and
gas leases to private entities. The department prepared an EIS for this fed-
eral action, potentially affecting the environment, with a purpose and need