When Conducting a 'Superfund' Cleanup, Is the Remedial Investigation/Feasibility Study (RI/FS) as Performed by EPA (Environmental Protection Agency) and Other Agencies the Functional Equivalent of an Environmental Impact Statement Required by NEPA (National Environmental Policy Act)

摘要

The paper discusses the issue of federal agency compliance with the National Environmental Policy Act when proposing a 'Superfund' type cleanup. It questions whether the Remedial Investigation/Feasibility Study (RI/FS), as performed by EPA and other agencies, is the functional equivalent of an Environmental Impact Statement required by the National Environmental Policy Act(NEPA). Traditionally, the Courts have allowed EPA wide latitude in their interpretation of environmental statutes. EPA has responded to this freedom by developing procedures which differ from those required by NEPA in determining the effect of an agency proposal on the environment. As long as the results obtained by EPA when using the RI/FS process are substantially similar to those which would have been obtained had an environmental impact statement been prepared, the procedures are functionally equivalent and the agency action has been determined to be legal.