L O N G B E A C H , C A

Ed MeliskyEnvironmental Specialist, FAA, Office of Airports, Airport Planning and Environmental Division, APP-400edward.melisky@faa.gov

NEPA’s Background and History

L O N G B E A C H , C A

TOPICS WE’LL MENTION

• Why have NEPA?• NEPA’s intent• NEPA’s purposes• NEPA’s requirements• How FAA & ARP meet NEPA

WHY WE NEED NEPA

• To address Federal government actions that would affect human, natural, and social environments.

• Examples of actions triggering such impacts occur…– in high-density urban areas– in undeveloped areas– during industrial expansion– when we exploit natural resources – during the building, operation, and

maintenance of transportation facilities.

NEPA’S BIRTH

• NEPA resulted from a 10+-year effort to include environmental considerations in Federal decision making.

• Those considerations need to be part of economic, technological, financial decisions.

• NEPA’s effective date: January 1, 1970.• President Richard M. Nixon signed NEPA into law. • Public Law 91-190 / 42 U.S.C. 4321- 4347.

Note: NEPA does not mean the National Environmental Protection Act.

• Implementing regs. @ 40 CFR 1500 et. seq.• Chief Sponsors: Sen. Henry “Scoop” Jackson

(WA) and Rep. John Dingell (MI)• Primary Author: Dr. Lynton Caldwell.

NEPA’S INTENT

• NEPA requires Federal agencies taking actions that affect the environment to…

- cooperate with state & local governments and agencies at federal, state, and local levels.

- cooperate with public and

private organizations.

- promote and foster general

welfare.

- find ways for man and nature

to exist in “productive harmony.”

NEPA’S PURPOSES

Use well-designed analyses appropriate for expected impacts.

Use published scientific research when determining consequences.

Use experienced, interdisciplinary teams.

Learn about ecological

systems & natural

resources.

Include environmental factors when

achieving agency mission(s).

Stimulate man’s health & welfare.

Conduct effective public outreach & scoping.

Effectively use information gleaned during

comment or consultation periods.

Conduct informative, congenial meetings or workshops.

Public and agency involvement.

Avoid, mitigate, or enhance.

Use / dispose resources wisely.

Recycle.

Promote ways to prevent or eliminate environmental

damage.

Encourage sustainability by:

-designing / operating without degrading

ecosystems;

-using “green architecture/products;

-employ less polluting operations

Encourage productive harmony.

HOW TO ACHIEVE THAT PURPOSE.NEPA’S PURPOSE

NEPA DOES NOT REQUIRE…

• that a Federal agency (FAA) give up its authority to make decisions;

• a Federal Agency to place environmental concerns above all other factors critical to a decision;

• that Federal actions avoid controversy;

• a Federal agency to analyze impacts to “nth” degree;

• stopping needed projects;

• generating useless mountains of paperwork; or

• courts to make agency decisions.– Note: Courts determine if the responsible or lead Federal

Agency met applicable environmental laws/regulations.

NEPA DOES…

• urge Federal agencies to learn about nationally-important ecological systems and natural resources;

• encourage Federal agencies to approve needed projects in ways that are harmonious with human, natural, and social environments;

• require Federal agencies to disclose the effects of their actions on human, natural, and social environments;

• require public participation in Federal agency decisions when their actions affect human, natural, and social environments; and

• establish the Council on Environmental Quality (CEQ).

HOW DO FAA & ARP MEET NEPA’S GOALS

• FAA does so by…- trying to sustain a preferred standard of living, while providing necessary aviation infrastructure;- considering environmental effects before making decisions; - responding to variety of many demands;- including NEPA’s intent in its mission.

• FAA’s Office of Airports (ARP) mission statement recognizes NEPA:

“ARP provides leadership in planning and developing a safe, efficient national airport system to satisfy the needs of the United States. In doing so, ARP will consider economics, environmental compatibility, and local proprietary right, and safeguard the public investment.”

• ARP instructions specifically for airport actions:- Order 5050.4B, NEPA Implementing Instructions for Airport Actions- Desk Reference for Airport Actions- (Advisory Circular 150/5070-6, Airport Master Planning, Chap. 5)

Thanks for your attention!!

Questions??