One interesting thing I have observed in recent EIS work at least in NJ is that if you propose to build a well engineered trestle across a wet land, that is easier to get approved than if you propose to build a fill. A trestle apparently has less adverse impact on the wetlands environment.You're joking, right? Getting across the bay plus 40 miles of virgin railroad into north Pensacola would be on the order of $2 billion... if you could get past the environmental impact statement, which I doubt.
What kind of country uses environment impact studies to prevent more efficient and less polluting travel options from being created? Are we just completely blind to the bigger picture or is this an intentional result?You're joking, right? Getting across the bay plus 40 miles of virgin railroad into north Pensacola would be on the order of $2 billion... if you could get past the environmental impact statement, which I doubt.
The concept of an EIS is not a bad thing. The problem is that EISes often end up taking more time than the project itself takes to execute, and that's if they don't end up in court. For a handy example, I'm reminded of the HSR reports for the set of lines to be based out of Atlanta. The reports suggested 15 years to complete the project, only 5-6 of which involved actual construction. The rest was EIS work and engineering work (and biased, if I'm not mistaken, towards the EIS).You'd have to be age 60+ to understand how bad the disruption to our environment had become by the 1960s. EISs were instituted by the National Environmental Policy Act of 1969, one of many pro-environment measures adopted around that time. (Creating the EPA was another.)
Pain in the neck? Yes. Adds to cost and delay? Yes. Puts money in the pockets of consultants? Yes. Abused by NIMBYs? Yes.
But is the EIS process fundamentally effective at what it was intended to do? Most people would answer Yes. And has anyone come up with a better process? Most people would answer No, although there are proposals from time to time for improving the process.
Often an EIS includes an analysis of a no-build alternative.
NEPA doesn't prevent doing projects. Just look around and see how many projects have been built since 1970. The NEPA does give citizens the right to challenge an executive decision in court.
[sarc] Yeah, how many trees do you think the hard copies of the EIS kill?[/sarc]An EIS is the absolute personification of a Can't see the forest for the trees" In fact, it spends so much time looking at details on the leaves that trees can be destroyed elsewhere with nobody noticing.
For those that have to deal with these things they seemed to have morphed into a method of stopping everything.
To be realistic, these documents must be modified to have a timeline such as Present your objections in the next 90 days or they cannot be considierd. All issues will be analyzed and a decision rendered within 90 days after that. Any objections and appeasl must be filed within 30 days of that final decision. If any are considerd worthwhile andaysis and a final decision must be rendered within 60 days from that date.
True, or the clock runs out on funding. Or, as I've noted, the administration changes.There have been proposals to reform the EIS process, and a hard look is warranted. Some groups file suit simply to delay the project long enough in hopes that eventually the gov't agency will just give up. And sometimes the tactic works. That's not what the authors of the EIS process in the 1960s intended.
People who want to file suit to attempt to block something will do so irrespective of whether there is any NEPA (EIS) process involved or not. I don't quite see the connection there. There are umpteen projects that have no NEPA requirements because there is no federal fund involved and that has never stopped the NIMBY's from trying to block them by trying to get them all wound up in a mess in courts. Fortunately very often they fail quite spectacularly after spending a lot of money enriching lawyers. Heck even completely privately funded projects get held up in court until the ... ahem ... shakedown process is completed.There have been proposals to reform the EIS process, and a hard look is warranted. Some groups file suit simply to delay the project long enough in hopes that eventually the gov't agency will just give up. And sometimes the tactic works. That's not what the authors of the EIS process in the 1960s intended.
Somewhat belatedly, this is a lot of the issue with NEPA: It provides the various plaintiffs (NIMBYs and others alike) with grounds to toss up objections. Even if the objections are doomed from the start, it can take months or years to have them dismissed (and cost tens of thousands of dollars in the process).NEPA gives grounds to sue. Without specific grounds, a lawsuit has a higher chance of being dismissed quickly - or the defendant agency has a much higher chance of winning summary judgment in their favor. Bottom line, without NEPA the plaintiffs' lawyers would have to work harder, spend more money, and face less favorable odds. So yes, they could still use the tactic, but it would be less effective.
Some states have counterparts to NEPA for state-funded projects that would use zero federal funds. California, for example. Same situation applies.
Remember that any of those can change. Political majorities swing, management opinions swing and even within parties, standpoints swing. Whereas I agree that here and now it's an uphill struggle, I see no reason to assume it will or must always be that way.a "just say no" Congress, waning support from POTUS (even though he mandated it YEARS ago), a TOTAL lack of enthusiasm by Amtrak and an EXTREMELY "passenger rail hostile" state leadership in Tallahassee already ensure that short of a miracle, the effort to restart passenger trains east of Mobile would be DOA
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