NEPA requirements for coal development. [For leases on Federal lands]

Journal Article · Thu Jan 01 04:00:00 EST 1976 · Nat. Resour. Lawyer; (United States)

OSTI ID:7317933

Keiner, S E

Environmental impact statements can improve Federal coordination of resource development if environmental problems and alternatives are presented at each decision level. Two court cases, Sierra Club v. Morton and Cady v. Morton, illustrate the importance of timing and scope of impact statements. The scope of an impact statement refers to the geographic area to be covered, which before these court cases had been decided unilaterally by the coal industry. The Cady decision requires Federal officials to submit impact information for the development project of the entire lease. The Sierra Club decision requires the Federal government to do a regional impact statement to determine the cumulative impacts on mining rights, rights-of-way, and navigation of coal development projects in addition to a study of coal alternatives within the region. The timing of impact statements was re-determined in the Cady case to mean that statements must be prepared when the government first approves a Federal coal lease. In the Sierra Club decision, an impact statement must precede or accompany proposals in order to be included in the decision process. The court issued a four-point evaluation test for timing impact statements based on (1) probable time of program completion, (2) what information on effects and alternatives are already available, (3) what irretrievable commitments have been made, and (4) how severe the effects of the project will be. (DCK)

• OSTI ID: 7317933
• Journal Information: Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 9:3; ISSN NRLAD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
010900 -- Coal
Lignite
& Peat-- Environmental Aspects
29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
294001* -- Energy Planning & Policy-- Coal
99 GENERAL AND MISCELLANEOUS
990400 -- Law
COAL INDUSTRY
DOCUMENT TYPES
ENVIRONMENTAL EFFECTS
ENVIRONMENTAL IMPACT STATEMENTS
GOVERNMENT POLICIES
INDUSTRY
LAWS
LEASES
LEGAL ASPECTS
NATIONAL ENVIRONMENTAL POLICY ACT
STANDARDS