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Shipley News
Recent
Trends in Cumulative Impact Case Law
By Michael D. Smith,
PhD.
The Shipley Group, Senior Consultant
Paper Presented at:
National Association of Environmental Professionals (NAEP)
Alexandria, VA, April 16-19, 2005 and
International Association of Impact Assessment (IAIA)
Boston, MA, May 31-June 3, 2005
The assessment of cumulative impacts is one of the most difficult tasks a NEPA practitioner faces when preparing an EA or EIS, and it has recently become an increasing focus area of legal challenges. Federal agencies have a poor track record in this litigation, losing a large percentage of the cases. This presentation will focus on practical steps NEPA practitioners can take to prepare their cumulative impact analyses in a manner that fulfills the requirements of the NEPA Statute and Council on Environmental Quality (CEQ) Regulations and makes them less vulnerable to an unfavorable court decision if legally challenged.....more
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ENVIRONMENTAL/NEPA
News from across the Agencies
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The U.S. Fish and Wildlife Service today announced that State fish and wildlife agencies will share more than $530 million in excise taxes paid by America's recreational shooters, hunters, anglers and boaters, to support fish and wildlife conservation and education programs.
click
to view U.S. Department of Agriculture Forest Service Chief Dale Bosworth today announced the appointment of Charles (Chuck) Myers as director of forest management.
click
to view
Trees in the world’s most productive forests -- forests that add the most new growth each year -- also tend to die young, according to a U.S. Geological Survey (USGS) study published in a recent issue of the journal Ecology Letters. This discovery could help scientists predict how forests will respond to ongoing and future environmental changesTrees in the world’s most productive forests -- forests that add the most new growth each year -- also tend to die young, according to a U.S. Geological Survey (USGS) study published in a recent issue of the journal Ecology Letters. This discovery could help scientists predict how forests will respond to ongoing and future environmental changes.
click
to view
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PRINCIPLES OF
CUMULATIVE EFFECTS ANALYSIS
- Cumulative effects are caused by the aggregate of
past, present, and reasonably foreseeable future.
- Cumulative effects are the total effect,
including both direct and indirect effects, on a given
resource, ecosystem, and human community of all actions
taken, no matter who (federal, nonfederal, or private)
has taken the actions.
- Cumulative effects need to be analyzed in terms
of the specific resource, ecosystem, and human community
being affected.
- It is not practical to analyze the cumulative
effects of an action on the universe; the list of
environment effects must focus on those that are truly
meaningful.
- Cumulative effects on a given resource,
ecosystem, and human community are rarely aligned with
political or administrative boundaries.
- Cumulative effects may result from the
accumulation of similar effects or the synergistic
interaction or different effects.
- Cumulative effects may last for many years beyond
the life of the action that caused the effects.
- Each affected resource, ecosystem, and human
community must be analyzed in terms of its capacity to
accommodate additional effects, based on its own time
and space parameters.
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