When is cost exorbitant under NEPA

Journal Article · Fri Jan 01 04:00:00 EST 1993 · Environmental Professional; (United States)

OSTI ID:6480709

Cox, D K; Schaeffer, D J ^[1]; Keevin, T M; Norris, F T ^[2]

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1. Univ. of Illinois, Urbana, IL (United States). Dept. of Veterinary Biosciences
2. US Army Corps of Engineers, St. Louis, MO (United States)

Regulations promulgated under the National Environmental Policy Act (NEPA) require that an agency, when evaluating potential adverse impacts in the absence of scientific information necessary to address key issues associated with the environmental impact statement (EIS), acquire the additional information if the cost of obtaining that information is not exorbitant. The term exorbitant is not defined in NEPA, Council on Environmental Quality (CEQ) regulations, or related case law. Yet this qualifier to research associated with the EIS process can be interpreted and utilized as a mechanism for preventing necessary research associated with a major federal project. The authors suggest that the term exorbitant is a purposeful, high standard, which may be used to justify a decision to forego additional research in the absence of information only in cases where doing so is reasonable.

• OSTI ID: 6480709
• Journal Information: Environmental Professional; (United States), Journal Name: Environmental Professional; (United States) Vol. 15:1; ISSN 0191-5398; ISSN EPROD9
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
COST
DOCUMENT TYPES
ENVIRONMENTAL IMPACT STATEMENTS
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL QUALITY
IMPLEMENTATION
LAWS
REGULATIONS
US NATIONAL ENVIRONMENTAL POLICY ACT