FORTY MOST ASKED QUESTIONS & ANSWERS

Limitations on Actions by an Applicant During EIS Process


11. What actions must a lead agency take during the NEPA process when it becomes aware that a non-federal applicant is about to take an action within an agency's jurisdiction that would either have an adverse environmental impact or limit the choice of reasonable alternatives (e.g., prematurely commit money or other resources towards the completion of the proposal)?

Answer:

The federal agency must notify the applicant that the agency will take strong affirmative steps to insure that the objectives and procedures of NEPA are fulfilled. Section 1506.1(b). These steps could include seeking injunctive measures under NEPA, or the use of sanctions available under either the agency's permitting authority or statutes setting forth the agency's statutory mission. For example, the agency might advise an applicant that if it takes such action the agency will not process its application.

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