North Dakota Environmental News

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?
	SARA is the Superfund Amendments and Reauthorization Act (1986) Federal law reauthorizing and expanding the jurisdiction of CERCLA. Signed into law October 17, 1986. Title III of SARA is known as the Emergency Planning and Community Right- to-Know Act of 1986. It is a revision and extension of CERCLA.SARA is intended to encourage and support local and state emergency planning efforts. It provides citizens and local governments with information about potential chemical hazards in their communities. SARA calls for facilities that store hazardous materials to provide officials and citizens with data on the types (flammables, corrosives, etc.); amounts on hand (daily, yearly); and their specific locations.