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)?
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.