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Natural Resources Law

SJ Quinney College of Law, University of Utah

Series

2016

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Full-Text Articles in Law

Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone Jan 2016

Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone

Wallace Stegner Center for Land, Resources, and the Environment publications

This paper empirically evaluates whether Environmental Impact Statements (EISs) for oil and natural gas field development projects lead to a significant reduction in environmental impacts. Based on our statistical analysis of projects within a four-state region, we conclude that EIS preparation does appear to produce final decisions that are substantially less impactive on the environment when compared to initially proposed projects. Impact reductions occur primarily between the Draft EIS and Final EIS, with minor reductions occurring between the Final EIS and Record of Decision. While reductions may be partially attributable to other legal requirements (such as Clean Air Act, Clean …