FORTY MOST ASKED QUESTIONS & ANSWERS

Supplements to Old EISs


32. Under What circumstances do old EISs have to be supplemented before taking action on a proposal?

Answer:

As a rule of thumb, if the proposal has not yet been implemented, or if the EIS concerns an ongoing program, EISs that are more than 5 years old should be carefully reexamined to determine if the criteria in Section 1502.9 compels preparation of an EIS supplement. If an agency has made a substantial change in a proposed action that is relevant to environmental concerns, or if there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts, a supplemental EIS must be prepared for an old EIS so that thc agency has the best possible information to make any necessary substantive changes in its decisions regarding the proposal. Section 1502.9(c).

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