Institutionalizing the Mitigated FONSI: A Precautionary Tale

September 2007
Citation:
37
ELR 10666
Issue
9
Author
Rachael Rawlins

Editors' Summary: NEPA, the premier U.S. environmental protection statute, was intended to confront questions of risk, harm, and uncertainty by requiring an EA before beginning certain projects. Following such assessments, project proponents may also have to prepare an EIS to identify and consider alternatives that may result in less harm to the environment. Over time, the line between EAs and EIS became blurred, resulting in an increase in documents known as EAs with a mitigated "finding of no significant impact." In this Article, Rachael Rawlins explains the characteristics of these documents and how they have degraded NEPA and the protection it offers.

Rachael Rawlins is an environmental and land use attorney with experience working with city planning coalitions, nonprofit environmental groups, private law firms, and local and state government offices. She teaches land use, environmental, and historic preservation law and policy in the graduate Community and Regional Planning Program at the University of Texas. She can be reached at rawlinslaw@sbcglobal.net or Rrawlins@mail.utexas.edu.
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