Environmental Impact Statement
What does "Environmental Impact Statement" mean in law?
An Environmental Impact Statement (EIS) is the detailed written analysis required under Section 102(2)(C) of NEPA for any major federal action significantly affecting the quality of the human environment. The EIS must describe the proposed action, its purpose and need, the affected environment, the environmental consequences of the action, alternatives to the proposed action (including a "no action" alternative), and measures to mitigate adverse impacts. Courts review the adequacy of an EIS under the "rule of reason" standard, asking whether the agency took a "hard look" at environmental consequences rather than whether the agency reached the correct substantive result. The Council on Environmental Quality (CEQ) regulations require agencies to circulate a draft EIS for public comment before preparing the final EIS, making the process a key mechanism for public participation in federal decision-making.
Definition
An Environmental Impact Statement (EIS) is the detailed written analysis required under Section 102(2)(C) of NEPA for any major federal action significantly affecting the quality of the human environment. The EIS must describe the proposed action, its purpose and need, the affected environment, the environmental consequences of the action, alternatives to the proposed action (including a "no action" alternative), and measures to mitigate adverse impacts. Courts review the adequacy of an EIS under the "rule of reason" standard, asking whether the agency took a "hard look" at environmental consequences rather than whether the agency reached the correct substantive result. The Council on Environmental Quality (CEQ) regulations require agencies to circulate a draft EIS for public comment before preparing the final EIS, making the process a key mechanism for public participation in federal decision-making.
Example
The Army Corps of Engineers prepared a 500-page EIS analyzing the effects of a proposed dam on downstream fisheries, wetland ecosystems, and flood patterns before deciding whether to issue a construction permit.