🚀 go-pugleaf

Mike Vandeman (mjvande@pbhye.PacBell.COM) wrote:
: You forget. NEPA pute the burden of proof squarely on you to prove you
: WON'T have a significantly damaging effect. We don't have to prove you
: will.

NEPA puts the burden of proof on the lead agency once a project (or
significant federal action) that falls under federal jurisdiction has been
accepted for consideration.  The government must address concerns about
the potential environmental impacts of such projects if it intends to
approve them. 

APA puts the burden of proof on the government to show that the public's 
interests have been carefully considered and that there is well 
established need to compromise some of those interests in order to 
fulfill congressional mandates, such as the burden of the National Park 
Service to conserve wildlife (among other things) for the enjoyment of 
future generations.  It is APA that puts the burden of proof on the 
government to demonstrate that a given activity poses a risk of 
significant environmental impact in a given area before the government 
implements a ban on that activity in that area for purposes of guarding 
against those potential impacts.