A Finding of No Significant Impact

As I discussed in the previous post, SEPA requires state agencies to issue Environmental Impact Statements where their actions have a significant effect on the environment. But when the agency determines that a proposed action will not impact the environment negatively, it will issue a Finding of No Significant Impact instead (also known as a "FONSI").

Often, the decision to issue a FONSI will be simple for the agency, as many actions have no impact on the environment. But since the standard is not crystal clear, there are many actions that could significantly effect the environment in one mind but not another. For these actions, the agency is likely to issue a FONSI rather than go through the arduous process of creating an Environmental Impact Statement (which can take over a year to complete).

If the decision to issue a FONSI is contentious, an aggrieved party may seek judicial review. Unlike the substantive decisions of an agency following an Environmental Impact Statement, a court will not simply defer to the agency's decision to issue a FONSI. Thus, if a party can prove that an agency's action will significantly impact the environment, a court will throw out the FONSI and force the agency to produce an Environmental Impact Statement instead.

If nothing else, this can serve as a useful delay tactic which forces the agency to consider other alternatives. But ideally, when all of the information is on the table, the agency will choose the course of action that is best suited for all parties involved, including environmental advocates. With that in mind, a party aggrieved by an agency's decision to issue a FONSI should consider judicial remedies, since it might lead to a more favorable result in the future.