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

Related Topics:
1 Lawyer Answer
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq.
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.