Uncategorized

Buying or investing in commercial property carries risk. Unseen environmental hazards can lead to costly cleanups, legal battles, or even health threats for occupants. Phase I ESAs are a crucial tool for minimizing these risks. It’s a thorough investigation of a property’s history and current condition, designed to spot potential contamination issues.

So, who should consider Phase I ESAs? Buyers, sellers, lenders, and developers all benefit from the insights these reports provide. Skipping this step can leave you exposed to significant financial and reputational damage down the line.

The Anatomy of Phase I ESAs – A Step-by-Step Guide

Let’s break down the key components of a Phase I ESA and uncover the insights they offer:

Site Reconnaissance

An experienced environmental professional visits the property with a critical eye. They look for any visual evidence of past or present activities that could signal potential contamination. This includes:

• Stained soil or unusual odors
• Old underground storage tanks, even if no longer in use
• Improperly stored chemicals or hazardous materials
• Indications of old manufacturing or industrial processes
• Nearby land uses that might have impacted the site (e.g., gas stations, landfills)

Records Review

The ESA delves into a range of public and historical records. These help piece together the site’s past and identify potential red flags such as:

• Environmental agency databases that track spills or contamination incidents
• Old permits relating to chemical use, storage, or disposal
• Historical maps or aerial photographs that show previous structures or land uses
• Building department records that might reveal old industrial activity

Interviews

Knowledgeable individuals provide valuable context. The ESA team may interview current or former owners, operators, neighbors, or long-time residents. Their insights can uncover:

• Details about prior uses of the site not found in records
• Past incidents or spills that may have been unreported
• Suspicions or concerns held by those familiar with the property

The Report

All the findings are assembled into a clear, detailed report. This outlines the assessment process, summarizes the site’s history, and identifies any “recognized environmental conditions” (RECs). RECs are signs of potential contamination that warrant further attention. The report also provides recommendations, such as whether a Phase II ESA (with sampling and testing) is needed.

By understanding these steps, you gain a greater appreciation for the thoroughness of a Phase I ESA. It’s designed to leave no stone unturned, offering essential protection before you buy, sell, or invest.

Beyond the Basics: What Phase I ESAs Cannot Tell You

While a Phase I ESA is an invaluable tool, it’s important to understand its boundaries. This type of assessment focuses primarily on historical research and visual inspection. Here’s what it’s not designed for:

Confirming or Quantifying Contamination

Phase I ESAs might identify a potential hazard, like old chemical drums. However, it won’t tell you precisely if those drums leaked, what exactly they contained, or the extent of soil or groundwater contamination. If such issues are suspected, a Phase II ESA, involving sampling and laboratory analysis, is required.

Assessing Non-Environmental Hazards

While an ESA professional might note things like obvious structural damage or signs of mold, a Phase I is not a substitute for a full property inspection. These other safety and structural concerns require separate assessments by qualified experts.

Guaranteeing a Clean Site

A Phase I ESA follows professional standards to uncover potential problems, but it’s always possible that hidden issues might still exist. For this reason, buyers and sellers should consider options like environmental liability insurance to further manage risk.

The Importance of Qualified Professionals

The findings of a Phase I ESA are only as good as the expertise behind them. Choosing a company with experienced, qualified environmental professionals is paramount. They’ll know the right questions to ask, recognize subtle signs of past trouble, and accurately interpret the nuances of their findings.

Get in touch with Diablo Green today to get the guidance you need for your PHase 1 ESA.

Evolving ESA Standards & Your Due Diligence

The world of environmental regulations and best practices isn’t static. The American Society for Testing and Materials (ASTM), a respected standards-setting organization, regularly updates the requirements for Phase I ESAs. These changes reflect new scientific knowledge, emerging contaminants, and shifts in the way properties are used.

Staying informed about the latest ASTM standards is crucial for anyone involved in commercial property transactions. Here’s why:

• Potential impact on findings: Updates to standards can influence what’s considered a “recognized environmental condition.” A site that passed a Phase I a few years ago might warrant closer scrutiny under a newer standard.
• Liability protection: Following the current ASTM standard helps demonstrate your due diligence. If an environmental issue later arises, it signals that you took reasonable steps to assess potential risks.
• Informed decision-making: As standards evolve, they reflect the latest understanding of environmental hazards. By ensuring your ESA is up-to-date, you base your decisions on the best available information.

Questions to Ask Your ESA Provider

To ensure your assessment follows current best practices, ask your potential provider:

• Can you walk me through the latest ASTM standard and any key changes that impact my assessment?
• How does your team stay updated on emerging contaminants and evolving regulatory requirements?
• Does your company have experience with recently revised (or newly added) areas of concern?

Staying Ahead of the Curve

Remember, the goal of Phase I ESAs is to protect you from unforeseen environmental liabilities. By understanding the evolving standards and engaging qualified professionals, you make smarter, more informed choices about property transactions.

Phase I ESAs: Your Key to Informed Property Decisions

A Phase I ESA isn’t merely a box to check for your lender. It’s a powerful safeguard that empowers you to make the wisest decisions about your investment. By understanding its value, the process involved, and how to engage the right professionals, you set yourself up for success. Investing in this due diligence step may be the difference between uncovering a costly liability and confidently moving forward with a valuable property acquisition.

Frequently Asked Questions About the Fundamentals of Phase I ESAs

What’s the typical cost of a Phase I ESA?

Costs vary based on factors like property size, complexity, and location. However, it’s a small investment compared to the potential financial risks of environmental problems. A qualified ESA provider can give you an accurate estimate for your specific needs.

How long does a Phase I ESA take to complete?

The process usually takes a few weeks. This includes time for research, the site visit, report preparation, and sometimes follow-up communication with the client.

Can I perform my own Phase I ESA?

While standards don’t technically forbid it, conducting a proper ESA requires specialized knowledge and experience. To ensure accuracy and protect yourself from liability, it’s strongly recommended to hire a qualified environmental professional.

What if the Phase I ESA finds potential problems?

Don’t panic! A Phase I ESA is designed to identify risks before they become your problem. Recommendations might include further investigation (Phase II ESA), negotiation of the purchase price, or walking away from the deal altogether.

Are Phase I ESAs required by law?

Phase I ESAs aren’t mandated by federal law, but lenders often require them before approving financing for commercial properties. Even without this requirement, they’re a wise investment to minimize your risk exposure.

Do you live near a proposed development project – a new highway, a power plant, or maybe something else entirely? If you’re concerned about how such projects might affect your community’s environment, you have the right to be heard. The National Environmental Policy Act (NEPA) ensures that federal agencies consider public input when they make decisions that could have environmental consequences. This guide will walk you through how to make your voice count in the NEPA process.

Understanding the NEPA Process

NEPA isn’t designed to stop projects, but rather to ensure they are done with careful consideration. Think of it like a series of steps. First, a federal agency proposes an action. Next, they examine whether it could significantly impact the environment. If the impacts are minor, they might be able to move forward with minimal review. However, large-scale projects with potential consequences require closer analysis.

This is where the public steps in. At different phases in the process, agencies are required to announce their plans and invite comments from interested individuals and groups. Your feedback can shape how the project develops and what measures are taken to mitigate any negative environmental impacts.

Effective Public Comment Strategies

Making your comments count goes beyond simply stating your support or opposition to a project. NEPA is designed to ensure agencies consider environmental impacts, so the most effective comments focus on these specific concerns. Let’s break down how to do this:

• Do Your Homework: Before writing, research the proposed project. What exactly is involved? What are the potential environmental consequences? Look at official documents on agency websites, but don’t stop there. Find reliable sources like news articles, studies from universities, or data from reputable environmental groups to strengthen your understanding of the issue.
• Connect to Specific Impacts: If you’re worried about air pollution, don’t just say, “This will make the air dirty.” Instead, try something like: “Studies show this type of facility contributes to increased particulate matter pollution, which can worsen asthma rates in nearby communities.”
• Offer Solutions, Not Just Problems: Instead of purely opposing the project, suggest alternatives. Could the project be redesigned to reduce impacts? Are there mitigation measures the agency should consider? For example: “I support providing green spaces in our city, but I urge the use of native plant species in this park project to better support local wildlife.”
• Use the Right Channels: Comments must be submitted officially within designated timeframes. Each project should have clear instructions on where to submit comments (agency website, email, regulations.gov, etc.). Attending public meetings is important, but verbal comments at a meeting may not carry the same weight as a formal written submission.
• Quality over Quantity: A long, rambling comment isn’t necessarily better. Focus on 2-3 key points you can support with evidence. A clear, well-organized comment shows you’ve taken the issue seriously and is more likely to be given careful consideration.

Example to Illustrate:

Let’s say a highway expansion is proposed near your town. Here’s an example of a weak vs. strong comment:

• Weak: “I hate this highway, the noise is terrible and traffic will be worse!”
• Strong: “I’m concerned the expansion will increase runoff pollution into the nearby river, which is a drinking water source. Has the agency considered alternatives like permeable pavement or expanded rainwater collection systems?”

Remember, the goal is to raise concerns that the agency is legally obligated to address under NEPA!

Going Beyond the Basics

Submitting written comments is a strong start, but there are additional avenues to make your voice heard in the NEPA process. Here are strategies to consider:

Attend Public Meetings

Agencies often host public meetings or hearings to present project details, gather feedback, and answer questions. This is your chance to interact with agency representatives directly, clarify technical aspects, and voice your concerns in person. Be sure to check meeting minutes afterward, as these often summarize public input and can become part of the project record.

Join Forces, Amplify Your Impact

Find local groups or larger environmental organizations that align with your concerns about a project. They often have expertise in the NEPA process, helpful resources, and networks to broaden your reach. Collaboration can lend credibility to your comments and lead to coordinated actions for greater influence.

Stay Informed and Proactive

Don’t wait for public comment periods to open. Proactively follow the activities of agencies that often oversee projects in your area. Many maintain NEPA-specific pages on their websites where they list proposed actions. Consider signing up for email newsletters or alerts related to NEPA developments for early awareness.

Leverage Your Skills or Resources

Your unique talents can be valuable! If you have expertise in a relevant field (biology, hydrology, etc.), offer your knowledge to help communities understand impacts. If you have connections with local media outlets, help get the word out about proposed projects and public participation opportunities. Every bit of informed engagement counts.

Track Progress and Stay in the Loop

NEPA projects can take time. Don’t just make a comment and walk away. Follow the project’s progress – does the agency issue a revised proposal based on feedback, is there a lawsuit involved? Staying informed can prompt you to take further action if necessary, and also helps you understand how the NEPA process works in real-world scenarios.

While the NEPA process encourages public participation, there’s always a chance your efforts won’t stop a project outright. However, your involvement can lead to compromises, mitigation measures that reduce harm, or increased transparency around the decision-making process. Even if the outcome isn’t ideal, active engagement is crucial for holding agencies accountable to their environmental responsibilities.

Shaping the Future: The Power of Public Participation in NEPA

Believe it or not, public participation in NEPA can make a real difference. In one case, citizens’ concerns about logging in a National Forest led the agency to replant trees in a way that better protected wildlife habitat. Elsewhere, a community group worked with developers to scale back a project that would have destroyed valuable wetlands. These examples show that engaged citizens, armed with information and a willingness to speak up, can steer projects toward better environmental outcomes.

Frequently Asked Questions About Public Participation in NEPA

Can I participate in NEPA if a project isn’t directly in my neighborhood?

Yes! NEPA’s focus is on environmental impact, which can extend beyond a project’s immediate location. If you have evidence that a project could cause pollution, habitat disruption, or other impacts that reach your community, your input is valid.  Additionally, some NEPA analyses consider broad, cumulative impacts, which means your perspective could help fill a gap in the full picture.

What if I don’t have scientific expertise, can I still make a valuable comment?

Absolutely!  While scientific understanding is helpful, NEPA is about more than just hard data. Local knowledge matters tremendously. You might be aware of wildlife migration patterns, flooding tendencies in certain areas, or historical uses of the land, which can inform potential impacts the agency missed. Explain your specific knowledge and why it’s important.

I’m busy. Are there ways to get involved without it taking over my life?

Yes, participation can be scaled to fit your time availability. Submitting even a brief, well-researched comment is useful. Joining an existing group often means you can share the workload.  Even just signing a petition from a reputable organization shows the agency that citizens are paying attention.

What happens after I submit my comment?  How do I know if it made a difference?

Agencies are required to consider and respond to public comments, usually in a document that accompanies the final NEPA decision. It might not always lead to your preferred outcome, but sometimes it reveals shortcomings in the original plan, prompts further study, or leads to adjustments that lessen environmental harm. Staying informed throughout the process is the best way to track your input’s influence.

What if I believe the agency is violating NEPA?

There are avenues to raise concerns about improper NEPA procedures.  Start by carefully documenting the specific issue. Contacting an environmental legal aid organization or attorney specializing in NEPA might be necessary.  These groups can help you understand your options for formal complaints or potential lawsuits to hold agencies accountable to the law.

Construction projects, environmental initiatives, and anything impacting tribal lands or historical sites might trigger tribal review. This cultural resource management process ensures respect for tribal sovereignty and protects cultural resources. Understanding what’s involved is crucial for projects to proceed smoothly and with respect.

Why it Matters: A Legacy of Responsibility

Tribal review isn’t just a regulatory hoop to jump through. It stems from a long and often painful history stemming from the United States’ founding. Centuries of displacement, broken treaties, and disregard for tribal cultures created a need for legal mechanisms protecting Native American rights and resources.

Today, tribes are recognized as sovereign nations. This means they have inherent rights to self-government and control over their traditional lands and resources. Tribal review ensures their voices are heard when projects could impact these fundamental rights.

Beyond pure legal compliance, tribal review is about balance. It recognizes that economic development and environmental protection must coexist with respecting tribal interests. A project might bring jobs and infrastructure, but at what cost if it damages sacred sites, pollutes vital water sources, or disrupts the tribe’s way of life? Tribal review forces everyone involved to carefully consider these broader consequences.

The key players include:

• Federally recognized tribes
• The project applicant (a private company, government agency, etc.)
• Federal agencies like the Federal Communications Commission (FCC) or the Bureau of Indian Affairs (BIA).

Types of Review: Understanding the Legal Framework

While there are other laws that can trigger tribal review, here’s a closer look at the two most common:

Section 106 of the National Historic Preservation Act (NHPA):

• Purpose: This law safeguards places of historical, archaeological, or cultural significance to the nation and its people. This includes a broad range of sites on or eligible for listing on the National Register of Historic Places.
• Tribal Role: Tribes have a crucial say in whether places that hold deep meaning for their culture are considered for protection and how potential project impacts are addressed.
• Examples: A construction project uncovering ancient burial grounds, a dam project that might flood traditional hunting lands, or the placement of cell towers that would disrupt the view from a sacred mountain could all fall under Section 106.

National Environmental Policy Act (NEPA):

• Purpose: This foundational environmental law requires federal agencies to consider the environmental consequences of their actions before approving projects.
• Tribal Role: Tribes are often deeply aware of the ecological balance and long-term impacts on their lands. NEPA ensures their knowledge and concerns factor into the decision-making process.
• Examples: Projects impacting water quality on tribal lands, introducing noise pollution near communities, or causing habitat loss for culturally important species can all trigger NEPA review which includes tribal input.

The Tribal Review Process – A Step-by-Step Guide

Let’s break down the key stages of a tribal review, but keep in mind that there may be some variations depending on specific laws and agencies involved:

1. Project Initiation

When a company, organization, or government agency plans a project that could impact tribal lands or resources, they submit their proposal to the relevant federal agency (for example, the Federal Communications Commission for a cell tower project).

2. Tribal Consultation Begins

The federal agency reviews the project, identifies potentially affected tribes, and officially notifies them. This notification includes detailed information about the project and its potential impacts. Tribes usually have a set time (often 30 days) to respond if they’re interested in participating in the review process.

3. Information Exchange

This stage is about open communication. The applicant might provide more technical data or clarify aspects of the project. The tribe can share their specific concerns, request surveys or studies, and highlight sacred sites or areas of environmental sensitivity.

4. Negotiation and Mitigation

If the tribe raises concerns, the focus shifts to finding solutions. This could mean:

• Modifying the project: Changing the route of a pipeline, altering a building’s design, or adjusting construction timing to minimize harm.
• Mitigation measures: The applicant might commit to restoring damaged habitat, funding cultural preservation efforts, or compensating the tribe for any negative impacts.

5. Agreement or Resolution:

The ideal outcome is a mutually agreed-upon plan that allows the project to move forward while addressing the tribe’s needs. However, if disagreements persist, the process might involve:

• Mediation: A neutral third party helps both sides find common ground.
• Federal Agency Decision: Ultimately, the federal agency has the authority to approve or deny a project, but they are obligated to take tribal input seriously in their decision-making.

Common Challenges and How to Overcome Them

• Time Delays: Tribal review can add time to project timelines, so it’s best to factor this in from the start. Clear communication and early engagement help streamline the process.
• Miscommunication: Misunderstanding cultural sensitivities or legal obligations can cause friction. Honest dialogue and willingness to learn from the tribe are key.
• Limited Resources: Some tribes may lack the resources to thoroughly review projects. Applicants can offer reasonable assistance (e.g., funding for expert consultants) to ensure a fair process.

Best Practices for Successful Tribal Consultation

• Respectful Engagement: Building trust takes time. Approach tribes early, listen to their concerns, and approach negotiations as a partnership, not a mere formality.
• Transparency: Being upfront about a project’s goals and potential impacts builds trust and prevents delays later on.
• Long-term View: Consider how a project might affect tribal communities for years to come. Proactive solutions to potential future issues benefit everyone involved.

Ready for Your Tribal Review?

Tribal review can seem complicated, but it’s a vital part of responsible development on or near tribal lands. By approaching the process with knowledge, respect, and a willingness to collaborate, projects can achieve success while honoring the rights and heritage of tribal nations.

Frequently Asked Questions About Tribal Reviews

What if a tribe doesn’t have a formal government structure?

Even tribes without formal recognition by the federal government may have rights to consultation if the project impacts their traditional lands or resources. However, navigating the process can be more complex in these situations.

Can a tribe completely stop a project?

While tribes have significant influence, they don’t usually have absolute veto power. Ultimately, federal agencies hold approval authority. However, a project is unlikely to move forward if a tribe has strong, unresolved objections.

As a private citizen, how can I support tribal rights during the review process?

Learn about tribes in your area and their concerns. Contact your elected officials to voice support for strong tribal consultation laws. And, choose to support businesses that demonstrate a commitment to working respectfully with tribes.

Are there any time constraints on tribal review?

Specific laws may have deadlines, but the overall process can take time as the goal is reaching a good-faith agreement. Applicants should avoid pressuring tribes to make rushed decisions.

What resources exist to help tribes navigate the review process?

Some federal agencies offer technical and sometimes financial assistance. Non-profit organizations specializing in Native American rights may also provide legal aid or help tribes engage experts for in-depth reviews.

The National Environmental Policy Act (NEPA) is one of the cornerstones of environmental protection in the United States. Its main goals are simple: make sure federal agencies consider the environmental consequences of their projects and give the public a chance to have their say.  However, how well NEPA actually achieves these goals, especially when it comes to issues like environmental justice, is a topic of much debate.

NEPA’s Successes

When it works as intended, NEPA has led to important wins for the environment.  One of its key strengths is ensuring that development doesn’t happen blindly.  Agencies proposing large projects have to carefully study the potential impacts on things like air quality, water pollution, and wildlife habitat. This process often leads to changes that make projects less harmful.

For example, because of NEPA, a proposed highway might be rerouted to protect a rare wetland or a power plant might include stricter pollution controls. NEPA also focuses on the long-term consequences of actions, helping to prevent environmental problems that could cost more to fix later on.  It has led to the preservation of important ecosystems and helped ensure that development happens in a less environmentally damaging way.

NEPA’s Social Impact

NEPA has a mixed record when it comes to social outcomes, offering both benefits and challenges:

Positive Impacts:

• Empowers Communities: Provides formal mechanisms for public input, increasing transparency and potentially giving communities greater influence over decisions that affect them.
• Fosters Accountability: Agencies must consider public concerns, which can lead to adjustments in plans to address potential negative impacts on communities.

Negative Impacts

• Creates Delays: NEPA’s in-depth review process can sometimes result in lengthy delays, which can have unintended consequences for certain communities awaiting infrastructure or development projects.
• Disproportionate Burdens: Disadvantaged communities may lack the time, resources, or expertise to participate effectively throughout a long NEPA process, potentially limiting their ability to shape outcomes.

Critiques and Areas for Improvement

Despite its positive impacts, NEPA faces several frequent criticisms.  Understanding these shortcomings is crucial for discussing how the law can be improved:

Weak Enforcement

NEPA mandates environmental consideration, but sometimes agencies fall short on follow-through. Lack of strong enforcement mechanisms can mean that even if NEPA identifies problems, projects may still proceed without adequate solutions.

Challenges With Cumulative Impacts

NEPA was initially designed to assess individual projects. However, critics argue it struggles to address the combined, long-term effects of multiple projects or activities within a region, potentially underestimating environmental harm.

Environmental Justice Concerns

Historically, NEPA hasn’t always prevented pollution or other negative impacts from being disproportionately concentrated in minority or low-income communities. Critics argue the process needs strengthening to ensure more equitable outcomes.

Myth vs. Reality: Understanding NEPA Environmental and Social Impacts

Many people have misunderstandings about how NEPA actually works. Let’s debunk some of the most common ones:

Myth: NEPA is designed to stop projects altogether.

Reality: NEPA aims for informed development, not obstruction. The goal is to identify potential environmental harms early so projects can be improved, not to prevent them outright.

Myth: NEPA always leads to endless delays.

Reality: The length of a NEPA process depends on the project’s scale and complexity. Small projects can be reviewed quickly. While delays do happen, they can reveal important issues or pressure agencies to make needed changes.

Myth: NEPA doesn’t help disadvantaged communities.

Reality: NEPA is one of the few tools communities have to voice concerns about projects with potentially unequal impacts. While it’s not a perfect solution, it provides a formal mechanism to raise issues of environmental justice that might otherwise be ignored.

The Road Ahead: NEPA’s Potential and Challenges

NEPA was enacted over 50 years ago.  The environmental challenges we face today are increasingly complex, making it vital for NEPA to continue evolving. Here are some key areas where change will be crucial:

Addressing the Climate Crisis

NEPA needs better tools to thoroughly assess projects’ contributions to climate change and identify ways to reduce emissions. This includes considering the long-term consequences of infrastructure decisions that lock in certain patterns of energy use.

Prioritizing Environmental Justice

Critics argue NEPA needs more robust ways to ensure that communities of color and low-income areas aren’t disproportionately burdened by pollution and other environmental harms. Proactive analysis and mitigation of unequal impacts must be a higher priority.

Adapting to New Technologies

As new technologies emerge (e.g., large-scale renewable energy projects, genetic engineering), NEPA must be able to assess their unique environmental risks and benefits. Building the capacity to anticipate these impacts is essential.

Recent reforms, court rulings, and proposed changes hint at NEPA’s shifting focus. Whether it can successfully meet these challenges will shape its effectiveness for the decades to come.

Emphasizing NEPA’s Continued Relevance

The NEPA environmental and social legacy is undeniably mixed. It has played a part in protecting precious ecosystems and giving communities tools to advocate for themselves. However, it’s also clear that NEPA hasn’t always lived up to its potential, especially when it comes to ensuring environmental justice.

The debate over NEPA’s effectiveness highlights that it’s not a magic solution. NEPA is a process – one that requires public participation, constant vigilance, and a willingness to adapt and improve.  As environmental challenges evolve, so must NEPA, to ensure it remains a meaningful force for informed decision-making and a more just, sustainable future.

Frequently Asked Questions About NEPA Environmental and Social Impacts

Can NEPA be used to challenge projects on private land?

NEPA’s scope mainly covers actions by federal agencies. However, if a private project requires federal permits, funding, or involves federal lands, it can trigger NEPA review. This can sometimes be the case with large developments that need permits for things like wetland impacts.

Does NEPA apply outside the United States?

NEPA only directly applies to federal actions within U.S. territory. However, some federal agencies must consider environmental impacts of their projects abroad.  Additionally, the NEPA model has inspired similar laws in other countries, demonstrating its global influence on environmental policy.

What’s the difference between an Environmental Assessment (EA) and an Environmental Impact Statement (EIS)?

These are key documents in the NEPA process.  An EA is a shorter analysis to determine if a project has significant environmental effects. If not, the NEPA process might end there.  An EIS is a much more detailed study required for projects likely to have major impacts.

How can I find out about NEPA projects in my area?

Agencies usually maintain NEPA-related information on their websites.  Subscribing to email alerts from relevant agencies is a good proactive step.  There are also websites and organizations that track NEPA activity more broadly to help citizens stay informed.

Are there limits to what NEPA can accomplish?

Yes. NEPA can bring problems to light and improve projects, but it doesn’t guarantee that environmentally harmful projects won’t happen.  Sometimes, economic or political factors outweigh the environmental concerns raised through NEPA.  This is why public pressure and other forms of advocacy can be crucial alongside the NEPA process.