CHAPTER 9 Preparation of Environmental Impact Statements Comments in Panel Discussion

• Jurisdiction: United States

Natural Resources Environmental Law
(Feb 1972)
CHAPTER 9
Preparation of Environmental Impact Statements Comments in Panel Discussion
J. Louis York
(Stearns-Roger Inc.)

The preparation of the basic report supporting an environmental impact statement is usually the responsibility of the applicant for a Federal action. Although the guidelines indicate a responsibility for the lead agency to prepare the statement, it is evident that the most knowledgable party should do so, and this usually is the applicant. The words of the guidelines have been rather unfortunate in this respect, and have been supported in the recent Greene County decision (U.S.C. App., 2nd C., Docket 71-1991), which implies that the applicant is biased and will present a statement which may sacrifice impartiality for promotion of a self-interest.

In our experience, the most workable system is one which begins with an extensive environmental report, prepared by the applicant or his consultants and submitted to the lead agency along with the formal documents requesting a Federal action. The lead agency personnel then must review the report, assure themselves that it does include...