Environmental Impact Statements
What is an Environmental Impact Statement?
An Environmental Impact Statement ("EIS") is a detailed, public document that is required by NEPA for proposed federal actions that could significantly affect the quality of the environment, by outlining environmental, social, and economic effects, impacts, and alternatives. The regulatory requirements for an EIS are more detailed and rigorous than the requirements for an Environmental Assessment ("EA").
Summary of EIS Process
- An agency publishes a Notice of Intent in the Federal Register.
- The Notice of Intent starts the scoping process, where the federal agency and the public collaborate to define the range of issues and potential alternatives to be addressed in the EIS.
- A draft EIS is published for public review and comment for a minimum of 45 days.
- Upon closure of the review and comment period, agencies consider all substantive comments and if necessary, conduct further analyses.
- A final EIS is published, which provides responses to substantive comments.
- Publication of a final EIS begins the minimum 30-day "wait period" in which agencies are required to wait 30 days before making a final decision on a proposed action.
- The EIS process ends with the issuance of the Record of Decision ("ROD").
- The ROD explains (1) the agency's decision; (2) describes the alternatives the agency considered; and (3) discusses the agency's plans for mitigation and monitoring, if necessary.
EIS Requirements
An EIS includes:
- Cover Sheet: including, but not limited to,
- the name of the lead agency and any cooperating agency
- agency contact information
- the title of the proposed action and its location
- paragraph abstract of the EIS
- the date when comments must be received
- Summary:
- A summary of the EIS, including major conclusions, area of disputed issues, and the issues to be resolved.
- Table of Contents:
- To assist the reader in navigating the EIS.
- Purpose and Need Statement:
- This Statement explains the reason the agency is proposing the action and what the agency expects to achieve.
- Alternatives including the proposed action:
- Consideration of reasonable alternatives to the proposed action.
- Affected Environment:
- Describes the environment of the area to be affected by the alternatives under consideration.
- Environmental Consequences:
- Discussion of the environmental effects and their significance.
- Summary of Scoping Information:
- A summary of information submitted by commenters during scoping process for consideration by the lead and cooperating agencies.
- List of Preparers:
- A list of the names and qualifications of the persons who were primarily responsible for preparing the EIS.
For a more detailed explanation see 40 C.F.R. § 1502.