2011-11-10_REVISION - C1981022 - Laserfiche WebLink

Home Browse Search

Appeal Deciding Officer 23 Recommendation: In review of the record I find the discussion of mitigation adequate to meet the twin aims of NEPA (informed decision making and public disclosure) given the minor contribution of the lease modification to global climate change. The record supports the deciding officer's decision. Therefore, I recommend that the Forest Supervisor's decision be affirmed on this point. Appeal Issue IV : THE EA FAILS TO TAKE A HARD LOOK AT THE AIR QUALITY IMPACTS OF THE COAL LEASE. The Forest Service's consent to the Lease Modification will lead to emissions of multiple pollutants that degrade air quality. For example, coal mining at Elk Creek emits substantial amounts of NOx and particulate matter from drill rigs, processing equipment, diesel engines, dirt roads, ventilation shafts, and locomotives. In addition, uncontrolled venting through drainage wells and through the ventilation shaft that will operate to remove methane from the coal mined in the Lease Modification area — and in the area where the additional 0.5 million tons of coal will be mined — will cause air pollution. NEPA requires agencies to take a "hard look" at the environmental impacts of a proposed action, including air quality impacts. See, e.g., New Mexico, 565 F.3d at 703 -04. The EA violates NEPA because it fails to take a hard look at many of the Lease Modification's air quality impacts. Rules: Clean Air Act, as amended, 1990 (42 USC 7401 -7671) - Conduct all land management activities in such a manner as to comply with all applicable federal, state, and local air - quality standards and regulations. Section 102(2)(C) of NEPA — The purpose of the regulations tells the federal agencies what they must do to comply with the procedures and achieve the goals of the National Environmental Policy Act. The NEPA process is intended to help public officials make decisions that are based on an understanding of environmental consequences, and take actions that protect, restore and enhance the environment. 40 CFR § 1502.16 — This section forms the scientific and analytic basis for the comparisons under § 1502.14. It shall consolidate the discussions of those elements required by sections 102(2)(C)(i), (i), (iv), and (v) of NEPA which are within the scope of the statement and as much of section 102(2)(C)(iii) as is necessary to support the comparisons. The discussion will include the environmental impacts of the alternatives including the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long -term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. This section should not duplicate discussions in § 1502.14.