Public Being Shut Out of Environmental Right-to-Know Hearings
by Guest Blogger, 9/6/2005
House Resources Committee Chairman Richard Pombo (R-CA) has established a congressional task force to review and make recommendations on how to 'improve' the National Environmental Policy Act (NEPA). As the task force holds hearings around the country, however, environmentalists and ordinary citizens are finding it difficult to participate.
The task force has held four 'public' hearings this summer, soliciting input primarily from industry interests that view NEPA's environmental and health requirements as burdensome. In several cases, citizens concerned about loosing their voice in environmental decision-making have been prohibited from testifying. The task force intends to hold two more meetings, but has not announced the details on dates and locations of those hearings.
Critics contend that Pombo created the task force to undermine NEPA -- considered by many to be the cornerstone of American environmental law -- and that meeting announcements have been intentionally withheld until the last minute to silence NEPA supporters. Nearly 200 NEPA supporters demonstrated at the first task force hearing held on April 23 in Spokane, Washington. Since then details on hearing locations and times have been difficult to get in advance.
Signed into law in 1969 by President Nixon, NEPA requires the government to determine and disclose the environmental impact of taxpayer-funded projects, consider alternatives, and respond to public comments. NEPA is often cited by environmentalists as having improved American quality of life by requiring, for example, builders to construct highways away from drinking water sources and nuclear waste shippers to route their toxic cargo away from homes.
Unfortunately, the Bush administration has been chipping away at NEPA on a variety of fronts:
- Attached to a 2005 supplemental appropriations bill (H.R. 1268) was a measure exempting the Department of Homeland Security from obeying any laws (including NEPA) when securing U.S. borders. See: Homeland Security Wins Power to Waive All Law, OMB Watcher, February 22, 2005.
- President Bush issued an executive order on May 18, 2001 directing federal agencies to "expedite" energy-related permits, thereby shortchanging environmental reviews required under NEPA.
- The Healthy Forests Initiative (H.R. 1904), approved Dec. 3, 2003, included several waivers of NEPA requirements, on the suspect grounds of wildfire prevention efforts.
- The U.S. Forest Service announced on Dec. 22, 2004, new rules that reduce public participation, and eliminate NEPA requirements for many plans to include environmental impact statements. See: December 22, 2004 Wilderness Society letter.
- President Bush signed Executive Order 13274 in September 2002, exempting transportation projects from certain NEPA requirements. See: Paving Without Public Input, eUpdate on Community Right to Know, Sept. 1, 2004.
