Healy Enviro Law Fall 2012.docx

4 j thomas says this information is only relevant if

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4. J Thomas says this information is ONLY relevant if it can make the Agency change their action. B/c the agency had no control over the impacts, an EIS would be silly. a. Much narrower view of NEPA; the second purpose (inform the public) depends on relevance of information to Agency. b. Agency must be able to control the effects for an EIS here . o. Functional Equivalence – when EPA is acting to protect the environment, no NEPA requirements. When acting against enviro, NEPA is required. 54 **Note: consequence of staged EIS – it dilutes the value of particularized EIS’s later in the process. Nothing “will be new” b/c it was already considered in generalized EIS. Problem w/ Gulf Spill
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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