smoothing the nepa process for freight rail
TRANSCRIPT
For more information, visit icfi.com
CONTACTAlan Summerville | [email protected] | +1.703.934.3616
About ICF InternationalICF International (NASDAQ:ICFI) is a leading provider of professional services and technology-based solutions to government and commercial clients. ICF is �uent in the language of change, whether driven by markets, technology, or policy. Since 1969, we have combined a passion for our work with deep industry expertise to tackle our clients' most important challenges. We partner with clients around the globe—advising, executing, innovating—to help them de�ne and achieve success.
icfi.com
xxx xxx xxxx xxxx© Copyright 2016 ICF International, Inc.
CONNECT WITH US
FUNDAMENTALS for a Smoother NEPA Process
with the Surface Transportation Board
STEP 1Clearly Understand
the Roles and Responsibilities of
All Parties
STEP 2Provide the
Right Level of Information
STEP 3Plan Ahead for
Success
Established to ensure that federal agencies assess the environmental impact of their projects or actions.
Within each step of the NEPA process, there are potential challenges that can add unnecessary time and expense to a project.
Grounding in three basic principles explored below will help smooth the process.
THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
1970
An Applicant is the entity seeking authority to, for example, construct and operate a rail line. Applicants are expected to provide information on the proposed project and cooperate fully with the STB in all activities related to the petition or application.
Experienced outside counsel lays the groundwork with OEA to initiate an environmental review, serves as the interface between the Applicant and OEA, develops strategies, and troubleshoots issues.
OEA considers the potential environmental impacts of a proposed project and leads the preparation of the environmental documentation, either an EIS or EA. OEA directs, reviews, and approves the activities of the third-party consultant and is ultimately responsible for ensuring that NEPA and the related environmental laws and regulations are satis�ed.
An independent, third-party consultant brings objective, relevant, and appropriate expertise to assist in conducting the environmental review and preparing the environmental documentation related to an Applicant's proposed project.
CLEARLY UNDERSTAND THE ROLES AND RESPONSIBILITIES OF ALL PARTIES
PROVIDE THE RIGHT LEVEL OF INFORMATION
APPLICANT STB/OEA
PLAN AHEAD FOR SUCCESS
IN THE INITIAL DEVELOPMENT STAGE, RESOURCES CAN BE WASTED AND LEGAL VULNERABILITIES CREATED DUE TO IMPRECISE LANGUAGE OR AN UNSUITABLE LEVEL OF DETAIL.
WHILE NEPA LEGISLATION ITSELF IS STRAIGHTFORWARD, IMPLEMENTATION CAN BE OVERWHELMING AND COSTLY WITHOUT A THOROUGH UNDERSTANDING OF POTENTIAL CHALLENGES OR PITFALLS. CONSIDER THESE THREE ACTIONS:
An applicant cannot control an agency’s environmental review process, but it can take the steps described above to increase the chances that the process will unfold successfully.
The Project Description should provide the right level of detail:
• Too little information slows process
• Too much information can create issues
ENGAGE RELEVANT AGENCIES
For the sake of a comprehensive, streamlined
process, Applicants should consider meeting with key agencies before meeting
with OEA.
Third-party consultants bring objective, relevant, and
appropriate expertise, to assist STB in ful�lling its obligations under NEPA.
OUTSIDE COUNSEL THIRD-PARTY CONSULTANT
RETAIN AN OUTSIDE COUNSEL
The outside counsel helps an Applicant develop a strategy, introduces the project to OEA,
and facilitates the process.
SOURCE A THIRD-PARTY CONSULTANT
STB: SURFACE TRANSPORTATION BOARD | OEA: OFFICE OF ENVIRONMENTAL ANALYSIS | EIS: ENVIRONMENTAL IMPACT STATEMENT | EA: ENVIRONMENTAL ASSESSMENTNEPA: NATIONAL ENVIRONMENTAL POLICY ACT
ABREVIATION KEY