The conflict of interest problem in EIS preparation

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The National Environmental Policy Act (NEPA) requires that federal agencies prepare environmental impact statements (EISs) on proposals for major Federal action significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ) regulations require that EISs be prepared directly by the lead agency or a contractor it selects. EIS contractors must execute a disclosure statement specifying that they have ``no financial or other interest`` in the outcome of the project. The intent of the ``conflict of interest`` prohibition is to ensure that the EIS is defensible, free of self-serving bias, and credible to the public. Those coming ... continued below

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14 p.

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Hansen, R.P.; Wolff, T.A. & McCold, L.N. May 1, 1997.

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This article is part of the collection entitled: Office of Scientific & Technical Information Technical Reports and was provided by UNT Libraries Government Documents Department to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 46 times . More information about this article can be viewed below.

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  • Hansen, R.P. Hansen Environmental Consultants, Englewood, CO (United States)
  • Wolff, T.A. Sandia National Labs., Albuquerque, NM (United States)
  • McCold, L.N. Oak Ridge National Lab., TN (United States)

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Description

The National Environmental Policy Act (NEPA) requires that federal agencies prepare environmental impact statements (EISs) on proposals for major Federal action significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ) regulations require that EISs be prepared directly by the lead agency or a contractor it selects. EIS contractors must execute a disclosure statement specifying that they have ``no financial or other interest`` in the outcome of the project. The intent of the ``conflict of interest`` prohibition is to ensure that the EIS is defensible, free of self-serving bias, and credible to the public. Those coming to the federal government for money, permits, or project approvals must not be placed in the position of analyzing the environmental consequences of their own proposals. This paper analyzes the conflict of interest problem faced by government contractors who maintain and operate government-owned or-controlled facilities for which EISs are required. In the US Department of Energy (DOE) system, these are referred to as ``M and O`` contractors. It also examines organizational conflicts presented by current or prospective government contractors who have a financial or other interest in the outcome of a project or program for which an EIS is prepared. In responding to these and related questions, the paper discusses and interprets the CEQ regulations and guidance on EIS preparation conflict of interest as well as leading federal court opinions. It also distinguishes ``preparers`` from ``participants`` in the EIS preparation process.

Physical Description

14 p.

Notes

OSTI as DE97005360

Source

  • 22. annual conference of the National Association of Environmental Professionals, Orlando, FL (United States), 19-23 May 1997

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  • Other: DE97005360
  • Report No.: SAND--97-1047C
  • Report No.: CONF-9705100--2
  • Grant Number: AC04-94AL85000;AC05-96OR22464
  • Office of Scientific & Technical Information Report Number: 474882
  • Archival Resource Key: ark:/67531/metadc676383

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Office of Scientific & Technical Information Technical Reports

Reports, articles and other documents harvested from the Office of Scientific and Technical Information.

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Creation Date

  • May 1, 1997

Added to The UNT Digital Library

  • July 25, 2015, 2:21 a.m.

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  • May 5, 2016, 8:01 p.m.

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Hansen, R.P.; Wolff, T.A. & McCold, L.N. The conflict of interest problem in EIS preparation, article, May 1, 1997; Albuquerque, New Mexico. (digital.library.unt.edu/ark:/67531/metadc676383/: accessed November 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.