Defining the no-action alternative for National Environmental Policy Act analyses of continuing actions

Journal Article · Thu Jan 01 04:00:00 EST 1998 · Environmental Impact Assessment Review

DOI:https://doi.org/10.1016/S0195-9255(97)00062-0· OSTI ID:290238

McCold, L N; Saulsbury, J W ^[1]

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1. Oak Ridge National Lab., TN (United States)

The Council on Environmental Quality (CEQ) regulations for implementing the National Environmental Policy Act of 1969 (NEPA) do not define the no-action alternative, stating only that EPA analyses shall include the alternative of no action. The definition of the no-action alternative for newly proposed actions seems clear. However, for continuing actions, the meaning of the no-action alternative is ambiguous. This article examines the overall function of the no-action alternative for NEPA analyses of continuing actions. It begins with a discussion of the conflicting definitions of the no-action alternative for continuing activities, including CEQ regulations and guidelines related to the no-action alternative and legal decisions that have helped establish precedence for defining no action. A review of NEPA regulations and guidelines of 10 federal agencies shows how different agencies define no-action for continuing actions. Review of six recent NEPA documents on continuing actions reveals how their definition of the no-action alternative promote or impede informed decision-making.

• Sponsoring Organization: USDOE, Washington, DC (United States)
• OSTI ID: 290238
• Journal Information: Environmental Impact Assessment Review, Journal Name: Environmental Impact Assessment Review Journal Issue: 1 Vol. 18; ISSN 0195-9255; ISSN EIARDK
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
DECISION MAKING
LEGAL ASPECTS
POLLUTION ABATEMENT
POLLUTION CONTROL
US NATIONAL ENVIRONMENTAL POLICY ACT