An environmental impact statement (EIS) is a document that is prepared before a project that describes how the proposed activities impact the environment.
In addition to describing the effects, the document may also include ways to mitigate the impacts.
As the United States mandates an environmental impact statement for certain projects, you’ll need to check to see if your project requires one of these before getting started.
In this blog, we’ll tell you everything you know about an environmental impact statement from what it is to what it does to why you need one.
Let’s get started!
1. What is an environmental impact statement?
An environmental impact statement is a document required by the 1969 National Environmental Policy Act (NEPA) under US environmental law.
It is required whenever a federal agency funds or undertakes a major project or action itself that will impact the quality of the environment.
It’s utilized as a tool for decision-making and describes the position and negative environmental effects of a proposed action.
You may also hear preliminary versions of these documents referred to as “draft environmental impact statements” or “draft environmental impact reports.”
2. What is the purpose of an environmental impact statement?
An environmental impact statement is intended to act as an enforcement mechanism to ensure that the federal government adheres to the goals and policies that the NEPA outlines.
NEPA’s goal is to promote informed decision-making by federal agencies.
It was the first piece of legislation that created a comprehensive method to assess both potential and existing environmental risks.
3. How is an environmental impact statement laid out?
An environmental impact statement is laid out in four sections.
Here’s what you should expect:
Additionally, some of the following may be included (although, it’s not required): financial plan, environmental mitigation plan, and additional documentation that complies with state and local environmental policy laws.
4. What are the key milestones of an environmental impact statement?
Key milestones of an EIS include the following:
5. What are the steps in the EIS process?
Here are the steps for creating an environmental impact statement:
These meetings are open to decision-makers and those that are involved with the proposed project.
During this time, all work and research that must be done are assessed and delegated.
An announcement is filed in the Federal Register.
Notices are sent to the local media, and letters are sent to individuals/groups that might be interested.
The public may submit comments identifying issues that the EIS should address.
There is a 30-day waiting period that is required after comments close before announcing the proposed action.
If there are any outstanding issues (including protests) then they are resolved.
After this stage, protestors may sue the agency in federal court.
6. When is a supplement to the environmental impact statement required?
You must supplement a draft or final environmental impact statement when any of the following occurs:
If you supplement the environmental impact statement, then you should prepare, publish, and file the supplement in the same fashion as you would the draft or final EIS.
7. How long does it take to prepare an environmental impact statement?
The time it takes to prepare an EIS ranges from 51 to 6,708 days.
On average, the time it takes for all federal entities to prepare an EIS is 3.4 years.
Average times differ widely by year and entity.
8. Are environmental impact statements used around the world?
Yes, after the U.S. government implemented the use of environmental statements, other states and countries began to use them as well.
Individual states, such as California, began adopting similar requirements.
They require environmental assessments under the California Environmental Quality Act.
Other U.S. states, districts, and territories, like Montana, Washington, D.C., and Puerto Rico, also have similar requirements.
Beginning in 1986, the World Bank also began including environmental assessments in its funding approval process.
Likewise, the UN adopted an EIS requirement for certain programs in 1987.
Since then, over 100 countries have adopted environmental assessment protocols.
These countries include Australia, China, India, Nepal, and Ukraine.
9. What are some of the limitations of environmental impact statements?
Environmental impact statements aren’t perfect.
The differences between science and politics limit the accuracy of an EIS.
Analysts are simultaneously members of the scientific community AND the political community.
The statement may predict negative impacts of the project and the decision-makers can still decide to move ahead with the project because that is what is deemed necessary in the political and public sphere.
10. What are commonly confused terms?
An environmental assessment (EA) is an initial document that is drafted to determine whether an environmental impact statement is required.
It’s relatively quick and concise.
An environmental impact statement is required by NEPA whenever the federal government is involved in a major project.
On the other hand, an environmental site assessment is usually completed as part of the due diligence process when a buyer is purchasing a commercial lot or a property that may otherwise have a high likelihood of environmental contamination.
While it is not required by NEPA, it does help protect against liability should contamination later be found.
11. What may be discovered during an environmental assessment?
During an environmental assessment, the following may be discovered, and these might have an impact on the development:
12. What would lead to the need for other studies/investigations?
If the environmental assessment shows that a significant impact/consequences could potentially be triggered by development, then an environmental impact statement may be required.
However, this often isn’t necessary, especially if there are only minimal impacts shown.
13. How must does it cost for an environmental impact statement?
It depends on the project.
According to the DOE, the median EIS contractor cost was $1.4 million.
The typical environmental impact statement costs between $250,000 to $2 million based on governmentwide cost estimates.
14. Who writes an environmental impact statement?
Environmental impact statements can have one or more authors.
Federal agencies will typically outsource this writing to a third-party contractor, which may include lawyers, scientists, and engineers.
These individuals will have specific expertise in writing and preparing environmental impact statements in relation to their proposed projects.
15. When is an EIS published?
When you publish the final environmental impact statement, you begin the minimum 30-day “wait period” in which agencies are generally required to wait 30 days before making a final decision on a proposed action.
The EPA publishes a Notice of Availability in the Federal Register.
This announces the availability of both draft and final environmental impact statements to the public.
Final thoughts
Completing an environmental impact statement is required by the federal government on certain projects in which a federal agency is involved.
It’s a much more comprehensive look at the piece of land than other environmental assessments and evaluates the cumulative impacts of the proposal along with any foreseeable future developments in an area.
If you’ve recently purchased land and are looking to utilize federal or state funding to build, be sure to check whether this will be required before you move forward with your plans.
You want to make sure you’re in compliance with all requirements.
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Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. Please be sure to consult a legal or financial professional before making any investment decisions.