Jacksonville, FL asked in Environmental for Oregon

Q: I'm having trouble understanding CFR 1508.1 and what potential products could result from an EA or EIS in relation to it

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1 Lawyer Answer
Maxwell Charles Livingston
Maxwell Charles Livingston
  • Environmental Law Lawyer
  • Albany, CA

A: First off, I assume you mean 40 CFR 1508.1. While I have trouble understanding your question, I can explain what EA and EIS are, and some differences between them.

EA is an environmental assessment of a proposed project, whereas EIS is an environmental impact statement of a project. Both were instituted under National Environmental Protection Act (NEPA), to reduce the effects of building on the environment.

Both require explaining the purpose, need, environmental conditions, effect on human environment, economic and environmental benefits of the project, growth inhibiting or increasing effect of the project, tradeoffs, alternatives, what agency was consulted, and who specifically was consulted in that agency.

To appropriately evaluate this, there are multiple options as far as what technology to use.

Notably, however, EA is less restrictive; here, there is no required short term v. long term effect or cost-benefit of project. Both of these analyses are required in an EIS. Moreover, an EIS requires a public comment period for 30 days whereas it is discretionary in an EA.

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