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August 24, 2010
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Thomas Launches Plan to Reform Environmental Law

Washington, D.C. -- State and local government shouldn't be denied a seat at the table when federal land management decisions critical to their future are being made, U.S. Senator Craig Thomas said today.

Thomas, Wednesday, sponsored "The State and Local Government Participation Act of 1999" to amend the National Environmental Policy Act (NEPA) and guarantee that local authorities are designated "cooperating agencies" when fulfilling environmental rules and regulations.

The change, he said, would ensure that the people living and working on the land aren't shut-out of the decision making process.

"NEPA was designed to ensure that the environmental impacts of a proposed federal action are considered and minimized by the federal agency taking that action and provide for public participation in the decision making process," Thomas said. "Although this sounds simple and reasonable, NEPA has become a real problem in Wyoming and many states throughout the nation."

"By mandating local communities be consulted and including their expertise, decisions ultimately will better reflect the needs of the people who depend on these areas for economic survival," Thomas said.

Thomas cited his 1997 battle with the Clinton Administration to include Wyoming counties in planning an Environmental Impact Statement (EIS) for Yellowstone National Park as an example of why changes in NEPA are needed.

"While ultimately we were successful in getting Park and Teton Counties included in the winter-use study, it should have never even been an issue," Thomas said. "Your talking about potentially significant federal action that could alter the very economy of several communities, and without their input the process would have been flawed."

Thomas added that while current regulations provide for voluntary inclusion of state and local entities, too often, the federal agencies choose to ignore local governments when preparing planning documents under NEPA.

"The spirit of NEPA is to provide adequate public participation. At times, however, we see federal land managers guided more by the comments of environmental groups located in Washington," he said. "This legislation simply reserves a seat at the table for local folks who share concern for the natural resource, but also a perspective of someone actually living in the state."

The "State and Local Government Participation Act of 1999" already has six cosponsors, including Assistant Senate Majority Leader Don Nickles (R-OK) and Wyoming Senator Mike Enzi.

The bill was immediately referred to the Senate Environment and Public Works Committee, of which Thomas is a senior member.

 

 

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Did You Know?    
 
 
A pollutant is a contaminant at a concentration high enough to public health or aquatic life
Pollutant or contaminant as defined by section 101(33) of CERCLA, shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.

 


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Environmental Lawyers.com Terms

 


Today's Terms

Action level

Definition:
The exposure level (the material's concentration in air) at which OSHA regulations to protect employees take effect (29 CFR 1910.1001-1047); e.g., workplace air analysis employee training, medical monitoring, and record keeping.

Ambient

Definition:
Occurring over a short time, usually a few minutes or hours. An acute exposure can result in short term or long term health effects. An acute effect happens within a short time after exposure.

Remedial Investigation (RI)

Definition:
An in-depth study (including sampling of air, soil, water and waste) of a contaminated site needing remediation to determine the nature and extent of contamination. The remedial investigation (RI) is usually combined with a feasibility study (FS).

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