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99-491: On June 16, 2023, the main plant at PCAPP destroyed its last munition, a 4.2-inch mortar round. On June 22, 2023, the last munition in the stockpile of chemical weapons in Colorado, an overpacked 155 mm projectile containing mustard agent, was destroyed using a Static Detonation Chamber. PCAPP used neutralization followed by biotreatment to destroy the majority of the stockpile, and Static Detonation Chamber technology to augment

198-469: A United States District Court provided a documented concise background of NEPA being created to protect the environment from actions involving the Federal government as follows: Following nearly a century of rapid economic expansion, population growth, industrialization, and urbanization, it had become clear by the late 1960s that American progress had an environmental cost. A congressional investigation into

297-473: A CatEx prepared by a different agency to support a decision not to prepare an EA or EIS for a planned action; however, it may draw from another agency's experience with a comparable CatEx in seeking to substantiate a CatEx of its own. The Council on Environmental Quality (CEQ) created Categorical Exclusions to reduce paperwork (40 CFR § 1500.4(p)) and reduce delay (40 CFR § 1500.5(k)) so agencies can better concentrate on actions that do have significant effects on

396-627: A case is moot when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome. See E. Borchard, Declaratory 497*497 Judgments 35-37 (2d ed. 1941). Where one of the several issues presented becomes moot, the remaining live issues supply the constitutional requirement of a case or controversy. See United Public Workers v. Mitchell, 330 U. S. 75, 86-94 (1947); 6A J. Moore, Federal Practice ¶ 57.13 (2d ed. 1966). In early NEPA cases (for example Arlington Coalition on Transportation v. Volpe , 458 F.2d 1323 (4th Cir. 1972) page 1331) courts considered projects were beyond

495-417: A categorical exclusion instead of requiring an Environmental Impact Statement. EAs are concise public documents that include the need for a proposal, a list of alternatives, and a list of agencies and persons consulted in the proposal's drafting. The purpose of an EA is to determine the significance of the proposal's environmental outcomes and to look at alternatives of achieving the agency's objectives. An EA

594-622: A federal action, and in such a case, it requires NEPA-compliant analysis performance. NEPA covers a vast array of federal agency actions, but the act does not apply to state action where there is a complete absence of federal influence or funding. Exemptions and exclusions are also present within NEPA's guidelines, including specific federal projects detailed in legislation and EPA exemptions. Exemptions also apply when compliance with other environmental laws require an impact analysis similar to that mandated by NEPA. Such laws can include but are not limited to

693-447: A federal permit is required. This legal interpretation is based on the rationale that obtaining a permit from a federal agency requires one or more federal employees (or contractors in some instances) to process and approve a permit application, inherently resulting in federal funds being expended to support the proposed action, even if no federal funds are directly allocated to finance the particular action. A U.S. District Court describes

792-464: A federal, state, or local level, that involves federal funding, work performed by the federal government, or permits issued by a federal agency. Court decisions have expanded the requirement for NEPA-related environmental studies to include actions where permits issued by a federal agency are required regardless of whether federal funds are spent to implement the action, to include actions that are entirely funded and managed by private-sector entities where

891-408: A further $ 40 billion. Fourteen states parties declared chemical weapons production facilities (CWPFs): Currently all 97 declared production facilities have been deactivated and certified as either destroyed (74) or converted (23) to civilian use. National Environmental Policy Act The National Environmental Policy Act ( NEPA ) is a United States environmental law designed to promote

990-402: A new controlled access freeway or a highway project of four or more lanes on a new location significantly affect the environment and therefore require an Environmental Impact Statement. According to 23 C.F.R. § 771.115(b) and § 771.117(c) Class II actions such as construction of bicycle and pedestrian lanes, planning, noise barriers, and landscaping normally do not individually or cumulatively have

1089-504: A party was through accession. As of March 2021, 193 states, representing over 98 percent of the world's population, are party to the CWC. Of the four United Nations member states that are not parties to the treaty, Israel has signed but not ratified the treaty, while Egypt , North Korea , and South Sudan have neither signed nor acceded to the convention. Taiwan, though not a member state, has stated on 27 August 2002 that it fully complies with

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1188-407: A procedure for requesting deadline extensions. No country reached total elimination by the original treaty date although several have finished under allowed extensions. At the end of 2019, 70,545 of 72,304 (97.51%) metric tonnes of chemical agent have been verifiably destroyed. More than 57% (4.97 million) of chemical munitions and containers have been destroyed. Seven state parties have completed

1287-537: A proposal to procure three Static Detonation Chambers (SDC). Due to performance issues identified during the first year of pilot testing, and in order to complete destruction of the stockpile by 2023, this technology was chosen to augment the main plant under a proposal by the ACWA program. To meet the requirements of the National Environmental Policy Act and federal regulations, an Environmental Assessment

1386-578: A responsibility to preserve and enhance the environment as trustees for succeeding generations. NEPA's procedural requirements do not apply to the President , Congress , or the Federal courts since they are not a "Federal agency" by definition. However, a Federal agency taking action under authority ordered by the President may be a final agency action subject to NEPA's procedural requirements. NEPA grew out of

1485-492: A series of protests in many American cities that occurred in response to the bulldozing of many communities and ecosystems during the construction of the Interstate Highway System . In addition, as the contribution of Indiana political scientist Lynton Caldwell shows, concern for the environmental recklessness of international development programs in the 1950s and 1960s also drove the thinking behind NEPA. In 2015

1584-522: A significant effect on the human environment and includes the EA or a summary of the EA that supports the FONSI determination. If it is determined that a proposed federal action does not fall within a designated CatEx or does not qualify for a FONSI, then the responsible agency must prepare an EIS. The purpose of an EIS is to help public officials make informed decisions based on the relevant environmental consequences and

1683-486: A significant environmental effect and therefore may be categorically exempt unless there are unusual circumstances as provided in 23 C.F.R. § 771.117(b). According to 23 C.F.R. § 771.117(c) all other actions are Class III actions requiring the preparation of an Environmental Assessment to determine the appropriate environmental document required. A Categorical Exclusion (CatEx) is a list of actions an agency has determined do not individually or cumulatively significantly affect

1782-685: A total 10 kg annual limit, for research, medical or pharmaceutical purposes, but any facility producing more than 100 grams must be declared. The treaty also deals with carbon compounds called in the treaty "discrete organic chemicals", the majority of which exhibit moderate-high direct toxicity or can be readily converted into compounds with toxicity sufficient for practical use as a chemical weapon. These are any carbon compounds apart from long chain polymers, oxides, sulfides and metal carbonates, such as organophosphates . The OPCW must be informed of, and can inspect, any plant producing (or expecting to produce) more than 200 tonnes per year, or 30 tonnes if

1881-815: A verification regime. After several changes of name and composition, the ENDC evolved into the Conference on Disarmament (CD) in 1984. On 3 September 1992 the CD submitted to the U.N. General Assembly its annual report, which contained the text of the Chemical Weapons Convention. The General Assembly approved the convention on 30 November 1992, and the U.N. Secretary-General then opened the convention for signature in Paris on 13 January 1993. The CWC remained open for signature until its entry into force on 29 April 1997, 180 days after

1980-617: Is available for review during regular business hours at: ·       Robert Hoag Rawlings Public Library , 100 E. Abriendo Ave., Pueblo, CO 81004 ·       McHarg Community Center , 405 Second Lane, Avondale, CO 81022 ·       Boone Community Center , 421 E. First St., Boone, CO 81025 Additional information is also available on the following websites: [REDACTED]  This article incorporates public domain material from the United States Army Chemical Weapons Convention The Chemical Weapons Convention ( CWC ), officially

2079-678: Is based on the quantities of the substance produced commercially for legitimate purposes. Each class is split into Part A, which are chemicals that can be used directly as weapons, and Part B, which are chemicals useful in the manufacture of chemical weapons. Separate from the precursors, the convention defines toxic chemicals as "[a]ny chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere." Many of

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2178-459: Is covered under NEPA, there are three levels of analysis that a federal agency must undertake to comply with the law. These three levels include the preparation of a Categorical Exclusion (CatEx); an environmental assessment (EA); and either a Finding of No Significant Impact (FONSI), or, alternatively, the preparation and drafting of an environmental impact statement (EIS). Executive Order No. 11514 as amended by Executive Order No. 11991 directs

2277-414: Is known as an EIS. NEPA is an action-forcing piece of legislation, meaning the act itself does not carry any criminal or civil sanctions, and therefore, all enforcement of NEPA must occur through the court system. In practice, a project is required to meet NEPA guidelines when a federal agency provides any portion of financing for the project. However, review of a project by a federal employee can be viewed as

2376-428: Is made without the informed environmental consideration that NEPA requires, the harm that NEPA intends to prevent has been suffered. * * * the harm at stake is a harm to the environment, but the harm consists of the added risk to the environment that takes place when governmental decisionmakers make up their minds without having before them an analysis (with prior public comment) of the likely effects of their decision upon

2475-509: Is not considered incineration and does not require disassembly of the weapons. There are three general types of technologies that can destroy chemical weapons: In April 2013, Program Executive Officer Conrad F. Whyne announced his selection of the U.S. Army's EDS to augment the PCAPP for the safe destruction of chemical munitions unsuited for processing by the main plant's automated equipment. The PCAPP EDS started destruction on March 18, 2015, with

2574-418: Is returned to the U.S. Army Chemical Materials Activity-West, formerly known as the U.S. Army Pueblo Chemical Depot, as environmental permits are closed and the contract is closed. The Pueblo Chemical Stockpile Outreach Office permanently closed to the public in 2023, but staff continues to be available at pueblooutreach@iem.com. The Pueblo Chemical Stockpile Outreach Office was established in 1997 to serve as

2673-458: Is supposed to provide sufficient evidence and analysis for determining whether to prepare an EIS, aid an agency's compliance with NEPA when no EIS is necessary, and it facilitates preparing an EIS when one is necessary. Most agency procedures do not require public involvement prior to finalizing an EA document; however, agencies advise that a public comment period is considered at the draft EA stage. EAs need to be of sufficient length to ensure that

2772-430: Is the final phase of the project, coming after chemical weapons destruction operations have been completed. Closure encompasses planning, preparation and disposal of agent-contaminated and non-contaminated secondary waste; facility and equipment decontamination; and decommissioning and demolition of facilities in accordance with public law and U.S. Army direction. In addition, personal property is dispositioned, real property

2871-463: Is the only request for relief in a NEPA complaint then logically construction cannot be stopped after completion. The 1st Circuit Court of Appeals in stopping construction of a seaport on Sears Island, Maine pointed out that harm in NEPA cases is harm to the environment as stated in Sierra Club v. Marsh , 872 F.2d 497 (1st Cir. 1989) at page 500: Thus, when a decision to which NEPA obligations attach

2970-485: The Assad regime of Syria) continue to regularly manufacture and implement such chemicals in combat munitions. Although these chemicals are not specifically listed as controlled by the CWC, the use of any toxic chemical as a weapon (when used to produce fatalities solely or mainly through its toxic action) is in-and-of itself forbidden by the treaty. Other chemicals, such as white phosphorus , are highly toxic but are legal under

3069-929: The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction , is an arms control treaty administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), an intergovernmental organization based in The Hague , The Netherlands. The treaty entered into force on 29 April 1997. It prohibits the use of chemical weapons, and also prohibits large-scale development, production, stockpiling, or transfer of chemical weapons or their precursors , except for very limited purposes (research, medical, pharmaceutical or protective). The main obligation of member states under

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3168-651: The Council on Environmental Quality (CEQ) to issue "regulations to Federal agencies for the implementation of the procedural provisions of" NEPA and for Federal agencies to "comply with the regulations issued by the Council". Importantly the Supreme Court of the United States finds "that CEQ regulations are entitled to substantial deference." The Council on Environmental Quality 's NEPA regulation 40 C.F.R. § 1501.4 specifies

3267-583: The Pueblo Chemical Depot , in conjunction with the ACWA program, completed an environmental assessment (EA) to meet the requirements of the National Environmental Policy Act, or NEPA, and Title 32 Code of Federal Regulations Part 651 regarding the construction and operation of the U.S. Army's Explosive Destruction System (EDS) and/or other explosive destruction technologies (EDT), at the U.S. Army Pueblo Chemical Depot in Colorado. The EA

3366-610: The 1970 Clean Air Act and 1972 Clean Water Act ). The public outrage in reaction to the Santa Barbara oil spill in early 1969 occurred just as the NEPA legislation was being drafted in Congress. A fire on the Cuyahoga River was publicized in a Time magazine article shortly after the unanimous vote in the Senate. Another major driver for enacting NEPA was the 1960s highway revolts ,

3465-480: The 2010 Deepwater Horizon oil spill as an example why agencies need to periodically review their Categorical Exclusions "in light of evolving or changing conditions that might present new or different environmental impacts or risks." Streamlining the NEPA process with categorical exclusions have been criticized, for example allowing BP's exploration plan that resulted in the Deepwater Horizon oil spill to use

3564-604: The August 2013 Ghouta chemical attack , Syria, which had long been suspected of possessing chemical weapons, acknowledged them in September 2013 and agreed to put them under international supervision. On 14 September Syria deposited its instrument of accession to the CWC with the United Nations as the depositary and agreed to its provisional application pending entry into force effective 14 October. An accelerated destruction schedule

3663-486: The CWC when they are used by military forces for reasons other than their toxicity. The CWC augments the Geneva Protocol of 1925, which bans the use of chemical and biological weapons in international armed conflicts, but not their development or possession. The CWC also includes extensive verification measures such as on-site inspections, in stark contrast to the 1975 Biological Weapons Convention (BWC), which lacks

3762-573: The CWC, especially Schedule 2 and 3 chemicals (such as Alkylphosphorus chemicals).  For example, Amgard 1045 is a flame retardant, but falls within Schedule 2B as part of Alkylphosphorus chemical class. This approach is also used in controlled drug legislation in many countries and are often termed "class wide controls" or "generic statements". Due to the added complexity these statements bring in identifying regulated chemicals, many companies choose to carry out these assessments computationally, examining

3861-734: The CWC, the OPCW reported that the United States military had destroyed almost 5,000 old chemical weapons in open-air detonations since 2004. These weapons, produced before the 1991 Gulf War , contained sarin and mustard agents but were so badly corroded that they could not have been used as originally intended. When Iraq joined the CWC in 2009, it declared "two bunkers with filled and unfilled chemical weapons munitions, some precursors, as well as five former chemical weapons production facilities" according to OPCW Director General Rogelio Pfirter. The bunker entrances were sealed with 1.5 meters of reinforced concrete in 1994 under UNSCOM supervision. As of 2012,

3960-515: The CatEx, an EA must be prepared. Actions similar to the proposed one may have been found to be environmentally neutral in previous EAs and their implementation, and so an agency may amend their implementing regulations to include the action as a CatEx. In this case, the drafted agency procedures are published in the Federal Register and a public comment period is required. An agency cannot rely on

4059-525: The Clean Air Act, Resource Conservation and Recovery Act , Safe Drinking Water Act , and the Federal Insecticide, Fungicide, and Rodenticide Act . The NEPA process is the evaluation of the relevant environmental effects of a federal project or action mandated by NEPA. This process begins when an agency develops a proposal addressing a need to take action. If it is determined that the proposed action

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4158-605: The Nation; and to establish a Council on Environmental Quality. NEPA contains three sections: the first section outlines national environmental policies and goals; the second establishes provisions for federal agencies to enforce such policies and goals; and the third establishes the CEQ in the Executive Office of the President . The purpose of NEPA is to ensure that environmental factors are weighted equally when compared to other factors in

4257-519: The OPCW's finding on the Douma chemical weapons attack when Wikileaks published emails by an OPCW staff member saying a report on this incident "misrepresents the facts" and contains "unintended bias". The OPCW staff member questioned the report's finding that OPCW's inspectors had "sufficient evidence at this time to determine that chlorine, or another reactive chlorine-containing chemical, was likely released from cylinders". The staff member alleged this finding

4356-431: The President the decision as to the route of any pipeline." The preamble to NEPA reads: To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to

4455-531: The Pueblo SDC complex with the processing of a portion of the 4.2-inch mortar rounds. SDC operations marked the beginning of the third and final chemical weapons destruction campaign at PCAPP. On June 22, 2023, the last munition in the chemical weapons stockpile stored at the Pueblo Chemical Depot, an overpacked 155 mm projectile, was destroyed in the plant's Static Detonation Chamber complex. Closure

4554-414: The action will have a significant impact on the human or natural environment or if the action is considered an environmentally controversial issue. The responsible decision-maker is required to review the final EIS before reaching a final decision regarding the course of action to be taken. The decision-maker must weigh the potential environmental impacts along with other pertinent considerations in reaching

4653-406: The alternatives available. The drafting of an EIS includes public party, outside party, and other federal agency input concerning its preparation. These groups subsequently comment on the draft EIS. An EIS is required to describe the environmental impacts of the proposed action, any adverse environmental impacts that cannot be avoided should the proposal be implemented, the reasonable alternatives to

4752-586: The basis of the environmental assessment not to prepare a statement. In addition to complying with the Council on Environmental Quality 's NEPA regulations in 40 C.F.R. § 1500 through § 1508, each Federal agency is required by 40 C.F.R. § 1507.3(a) to adopt supplemental procedures for their agency's implementation of NEPA. For example, the Federal Highway Administration 's supplemental NEPA procedures are in 23 C.F.R. §771.101 through § 771.131. According to 23 C.F.R. § 771.115(a) Class I actions such as

4851-443: The chemical contains phosphorus, sulfur or fluorine, unless the plant solely produces explosives or hydrocarbons. Chemical weapons are divided into three categories: Before the CWC came into force in 1997, 165 states signed the convention, allowing them to ratify the agreement after obtaining domestic approval. Following the treaty's entry into force, it was closed for signature and the only method for non-signatory states to become

4950-438: The chemicals named in the schedules are simply examples from a wider class, defined with Markush like language. For example, all chemicals in the class " O-Alkyl (<=C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)- phosphonofluoridates chemicals " are controlled, despite only a few named examples being given, such as Soman . This can make it more challenging for companies to identify if chemicals they handle are subject to

5049-563: The chemicals structure using in silico tools which compare them to the legislation statements, either with in house systems maintained a company or by the use commercial compliance software solutions. A treaty party may declare a "single small-scale facility" that produces up to 1 tonne of Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes each year, and also another facility may produce 10 kg per year for protective testing purposes. An unlimited number of other facilities may produce Schedule 1 chemicals, subject to

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5148-401: The community's primary information resource on chemical weapons destruction in Colorado. The staff responds to inquiries, provides information materials, coordinates guest speakers for a variety of different civic groups and organizations and interfaces with the governor-appointed Colorado Chemical Demilitarization Citizens' Advisory Commission. The project's environmental permitting information

5247-434: The convention is to effect this prohibition, as well as the destruction of all current chemical weapons. All destruction activities must take place under OPCW verification. As of August 2022, 193 states have become parties to the CWC and accept its obligations. Israel has signed but not ratified the agreement, while three other UN member states ( Egypt , North Korea and South Sudan ) have neither signed nor acceded to

5346-634: The convention provisionally. All declared Category 1 materials were destroyed by August 2014. However, the Khan Shaykhun chemical attack in April 2017 indicated that undeclared stockpiles probably remained in the country. A chemical attack on Douma occurred on 7 April 2018 that killed at least 49 civilians with scores injured, and which has been blamed on the Assad government. Controversy arose in November 2019 over

5445-438: The decision was made to end EDS and utilize three Static Detonation Chamber units to augment the main plant. The Department of Defense conducted studies to evaluate potential impacts of the elimination of these weapons using incineration and non-incineration methods. Four technologies were considered: Neutralization followed by biotreatment was selected for the destruction of the Colorado stockpile. The technology comprised

5544-589: The decision-making process undertaken by federal agencies and to establish a national environmental policy. The act also promotes the CEQ to advise the President in the preparation of an annual report on the progress of federal agencies in implementing NEPA. It also established the CEQ to advise the president on environmental policy and the state of the environment. NEPA establishes this national environmental policy by requiring federal agencies to prepare an environmental impact statement to accompany reports and recommendations for Congressional funding. This impact statement

5643-515: The deposit at the UN by Hungary of the 65th instrument of ratification. The convention is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), which acts as the legal platform for specification of the CWC provisions. The Conference of the States Parties is mandated to change the CWC and pass regulations on the implementation of CWC requirements. The Technical Secretariat of

5742-736: The destruction of World War II era chemical weapons abandoned by Japan in China by means of mobile destruction units and reported destruction of 35,203 chemical weapons (75% of the Nanjing stockpile). The U.N. Security Council ordered the dismantling of Iraq's chemical weapon stockpile in 1991. By 1998, UNSCOM inspectors had accounted for the destruction of 88,000 filled and unfilled chemical munitions, over 690 metric tons of weaponized and bulk chemical agents, approximately 4,000 tonnes of precursor chemicals, and 980 pieces of key production equipment. The UNSCOM inspectors left in 1998. In 2009, before Iraq joined

5841-881: The destruction of the chemical weapons stockpile in Colorado and now is managing destruction of agent-contaminated secondary waste in Kentucky and closure-related activities in Colorado and Kentucky. The Program Executive Office, Assembled Chemical Weapons Alternatives (PEO ACWA) oversees the destruction of the Pueblo chemical weapons stockpile. The Bechtel Pueblo Team (BPT; consisting of Bechtel National, Inc., Amentum , Battelle Memorial Institute and GP Strategies ) designed, constructed, pilot-tested, operated, and will close PCAPP. Destruction began in 2016 and concluded June 22, 2023. The plant will conduct closure activities (shutdown, dismantling, and restoration of site) for three to four years past conclusion of destruction operations. In 2010,

5940-604: The destruction of their declared stockpiles: Albania, India, Iraq, Libya, Syria, the United States, and an unspecified state party (believed to be South Korea). Russia also completed the destruction of its declared stockpile. According to the US Arms Control Association , the poisoning of Sergei and Yulia Skripal in 2018 and the poisoning of Alexei Navalny in 2020 indicated that Russia maintained an illicit chemical weapons program. Japan and China in October 2010 began

6039-524: The elimination of Department of Transportation (DOT) bottles which contained chemical agent drained from selected munitions over the years to assess the condition of the stockpile. On April 8, the first munitions were successfully processed. In June, operators at the PCAPP EDS took things up a notch with the introduction of 4.2-inch mortars into the destruction process. The first three mortars were joined by three 105 mm projectiles. All were safely detonated in

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6138-467: The enhancement of the environment. It created new laws requiring U.S. federal government agencies to evaluate the environmental impacts of their actions and decisions, and it established the President's Council on Environmental Quality (CEQ). The Act was passed by the U.S. Congress in December 1969 and signed into law by President Richard Nixon on January 1, 1970. To date, more than 100 nations around

6237-462: The entire proposed action and not be used for a segment or an interdependent part of a larger proposed action. Examples of Exceptional Circumstances that prevent use of Categorical Exclusions include where there are "potential effects on protected species or habitat, or on historic properties listed or eligible for listing in the National Register of Historic Places." The CEQ specifically cites

6336-445: The environment unless the NEPA complaint seeks removal and remediation in the request for relief as a "live" issue, see dissenting opinion in West v. Secretary of Dept. of Transp ., 206 F.3d 920 (9th Cir. 2000) page 931: He did not seek remediation; he wanted the interchange stopped. It was built. Therefore, there is no justiciable controversy pertaining to Phase I. If stopping construction

6435-562: The environment" since 1970. With NEPA, Congress mandated that federal agencies take a "hard look" at the environmental consequences of their actions and to engage all practicable measures to prevent environmental harm when engaging in agency action. Furthermore, to remedy the widespread mistrust of the federal agencies, Congress incorporated within NEPA "action-forcing" provisions which require agencies to follow specific procedures in order to accomplish any federal project. Since its passage, NEPA has been applied to any major project, whether on

6534-404: The environment. This court in Sierra Club v. Marsh on page 504 also found since there is an instinct not to tear down projects, it is appropriate to issue preliminary injunctions early in NEPA cases: The way that harm arises may well have to do with the psychology of decisionmakers, and perhaps a more deeply rooted human psychological instinct not to tear down projects once they are built. But

6633-462: The final decision. A record of decision (ROD) is issued which records the agency's final decision. A federal study from 2013-2018 found that a full NEPA review took an average of 4.5 years. The Administrative Procedure Act at 5 U.S.C. § 702 provides the right for a person injured by a NEPA issue to carry out a NEPA case in court as: A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within

6732-400: The following steps: After an assessment of problem munitions showed that their destruction would be difficult using neutralization and biotreatment, ACWA decided to explore use of Explosive Destruction Technology (aka Explosive Demolition Technology, Explosive Detonation Technology, EDT) for these projectiles. EDT uses heat and pressure from explosion or just heat to destroy the munitions; it

6831-446: The fullest extent possible: ... (d) Encourage and facilitate public involvement in decisions which affect the quality of the human environment." A U.S. District Court describes the essential requirement for public input on a draft EA as follows: The Ninth Circuit has read these regulations to mean that "the public must be given an opportunity to comment on draft EAs and EISs." Anderson v. Evans , 371 F.3d 475, 487 (9th Cir.2004). Because

6930-525: The human environment. In 2003 the National Environmental Policy Task Force found agencies "indicated some confusion about the level of analysis and documentation required to use an approved categorical exclusion". In 2010 CEQ issued guidance on the existing regulations for Categorical Exclusions consistent with NEPA and past CEQ guidance. This CEQ 2010 guidance acknowledges, "Since Federal agencies began using categorical exclusions in

7029-431: The increased public appreciation and concern for the environment that developed during the 1960s, amid increased industrialization, urban and suburban growth, and pollution across the United States. During this time, environmental interest group efforts and the growing public awareness resulting from Rachel Carson 's 1962 book Silent Spring led to support for the 1964 Wilderness Act and subsequent legislation (including

7128-639: The independent, professional conclusion" of the probe. Financial support for the Albanian and Libyan stockpile destruction programmes was provided by the United States. Russia received support from a number of countries, including the United States, the United Kingdom, Germany, the Netherlands, Italy and Canada; with some $ 2 billion given by 2004. Costs for Albania's program were approximately US$ 48 million. The United States has spent $ 20 billion and expected to spend

7227-403: The intelligence of other state parties. Some chemicals which have been used extensively in warfare but have numerous large-scale industrial uses (such as phosgene ) are highly regulated; however, certain notable exceptions exist. Chlorine gas is highly toxic, but being a pure element and widely used for peaceful purposes, is not officially listed as a chemical weapon. Certain state powers (e.g.

7326-453: The late 1970s, the number and scope of categorically excluded activities have expanded significantly. Today, categorical exclusions are the most frequently employed method of complying with NEPA, underscoring the need for this guidance on the promulgation and use of categorical exclusions." This CEQ 2010 guidance goes on to caution, "If used inappropriately, categorical exclusions can thwart NEPA's environmental stewardship goals, by compromising

7425-524: The main plant. Destruction of this stockpile was a requirement of the Chemical Weapons Convention , an international treaty to which the United States is a party. The Organisation for the Prohibition of Chemical Weapons (OPCW) is the implementing body of the Chemical Weapons Convention and monitored the progress of the nation's declared destruction programs. The Program Executive Office, Assembled Chemical Weapons Alternatives (PEO ACWA) oversaw

7524-404: The matter yielded myriad evidence indicating a gross mismanagement of the country's environment and resources, most notably at the hands of the federal government. As a result, lawmakers and the general public alike called for an urgent and sweeping policy of environmental protection. Congress answered these calls by enacting NEPA, which has served as "our basic national charter for protection of

7623-561: The meaning of a relevant statute, is entitled to judicial review thereof. By 5 U.S.C. § 706 the U.S. Congress provides for courts to make equitable remedies such as an injunction to compel agency action withheld or to set aside agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. However, a court case becomes moot when no practical ("live") issues remain as stated in Powell v. McCormack , 395 U. S. 486 (1969) pages 496 – 497: Simply stated,

7722-426: The need for even the President to have the NEPA analysis information before making a decision as follows: "No agency possesses discretion whether to comply with procedural requirements such as NEPA. The relevant information provided by a NEPA analysis needs to be available to the public and the people who play a role in the decision-making process. This process includes the President." "And Congress has not delegated to

7821-501: The organization conducts inspections to ensure compliance of member states. These inspections target destruction facilities (where constant monitoring takes place during destruction), chemical weapons production facilities which have been dismantled or converted for civil use, as well as inspections of the chemical industry. The Secretariat may furthermore conduct "investigations of alleged use" of chemical weapons and give assistance after use of chemical weapons. The 2013 Nobel Peace Prize

7920-585: The plan to destroy the chemical weapons was still being developed, in the face of significant difficulties. In 2014, ISIS took control of the site. On 13 March 2018, the Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW), Ambassador Ahmet Üzümcü, congratulated the Government of Iraq on the completion of the destruction of the country's chemical weapons remnants. Following

8019-510: The process to determine whether to prepare an Environmental Impact Statement (EIS) as follows: In determining whether to prepare an environmental impact statement the Federal agency shall: (a) Determine under its procedures supplementing these regulations (described in § 1507.3) whether the proposal is one which: (b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (§ 1508.9). The agency shall involve environmental agencies, applicants, and

8118-403: The proposed action, the relationship between local short-term uses of man's environment along with the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources that would be involved in the proposed action. An agency may undertake the drafting of an EIS without the initial drafting of the EA. This may happen if the agency believes that

8217-411: The public, to the extent practicable, in preparing assessments required by § 1508.9(a)(1). (c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement. (d) Commence the scoping process (§ 1501.7), if the agency will prepare an environmental impact statement. (e) Prepare a finding of no significant impact (§ 1508.13), if the agency determines on

8316-403: The quality and transparency of agency environmental review and decisionmaking, as well as compromising the opportunity for meaningful public participation and review." Indeed, the expanded use of Categorical Exclusions undermines NEPA by reducing environmental analysis and public comment, thereby increasing NEPA litigation. The CEQ 2010 guidance emphasizes that Categorical Exclusions must capture

8415-412: The quality of the human environment (40 C.F.R. §1508.4). If a proposed action is included in an agency's CatEx, the agency must make sure that no extraordinary circumstances might cause the proposed action to affect the environment. Extraordinary circumstances include effects on endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description provided in

8514-656: The reach of the courts (moot) if that project had progressed to where the costs of altering the project would outweigh benefits. Nevertheless, by 1981 the Ninth Circuit Court of Appeals recognized some projects might proceed with construction in an attempt to evade the requirements of NEPA. Therefore, the court cautioned that even completed projects could be ordered to be removed as stated in Columbia Basin Land Protection Assoc. v. Schlesinger , 643 F.2d 585 (9th Cir.1981) page 591 note 1: The building of

8613-523: The regulations "must mean something," the Circuit has held that an agency's failure to obtain any public input on a draft EA "violates these regulations." Citizens for Better Forestry v. U.S. Dept. of Agriculture , 341 F.3d 961, 970 (9th Cir.2003). If no substantial effects on the environment are found after investigation and the drafting of an EA, the agency must produce a Finding of No Significant Impact (FONSI). This document explains why an action will not have

8712-421: The requirements of NEPA, build its structures before a case gets to court, and then hide behind the mootness doctrine. Such a result is not acceptable. Thus, courts have the equitable power to prevent those who use bad faith construction to evade U.S. Congress policies such as NEPA. Despite a court recognizing the use of this mootness tactic, a court still might not order removal of construction and remediation of

8811-540: The towers has not made the case hypothetical or abstract — the towers still cross the fields of the Landowners, continually obstructing their irrigation systems — and this Court has the power to decide if they may stay or if they may have to be removed. * * * If the fact that the towers are built and operating were enough to make the case nonjusticiable, as the dissent states, then the BPA (and all similar entities) could merely ignore

8910-553: The treaty. Member states are represented at the OPCW by their Permanent Representative. This function is generally combined with the function of Ambassador. For the preparation of OPCW inspections and preparation of declarations, member states have to constitute a National Authority. A total of 72,304 metric tonnes of chemical agent, and 97 production facilities have been declared to OPCW. The treaty set up several steps with deadlines toward complete destruction of chemical weapons, with

9009-587: The treaty. Most recently, the State of Palestine deposited its instrument of accession to the CWC on 17 May 2018. In September 2013, Syria acceded to the convention as part of an agreement for the destruction of Syria's chemical weapons . As of February 2021, 98.39% of the world's declared chemical weapons stockpiles had been destroyed. The convention has provisions for systematic evaluation of chemical production facilities, as well as for investigations of allegations of use and production of chemical weapons based on

9108-425: The underlying decision to prepare an EIS is legitimate, but they should not attempt to substitute an EIS. However, the Council on Environmental Quality regulation 40 C.F.R. § 1500.1(b) states: "NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken." Likewise, 40 C.F.R. § 1500.2 states: "Federal agencies shall to

9207-455: The vessel on June 18. On July 16, the first 155 mm projectiles from Pueblo's stockpile were safely destroyed in the PCAPP EDS. The PCAPP EDS completed its first campaign in February 2016, destroying 549 munitions that leaked or were sampled in the past and 11 bottles containing mustard agent. The second and final campaign ran from June 25 to Dec. 5, 2018.   In spring 2018, PCAPP announced

9306-494: The world have enacted national environmental policies modeled after NEPA. NEPA requires Federal agencies to evaluate the environmental effects of their actions. NEPA's most significant outcome was the requirement that all executive Federal agencies prepare environmental assessments (EAs) and environmental impact statements (EISs). These reports state the potential environmental effects of proposed Federal agency actions. Further, U.S. Congress recognizes that each person has

9405-577: Was "highly misleading and not supported by the facts" and said he would attach his own differing observations if this version of the report was released. On 25 November 2019, OPCW Director General Fernando Arias, in a speech to the OPCW's annual conference in The Hague, defended the Organization's report on the Douma incident, stating "While some of these diverse views continue to circulate in some public discussion forums, I would like to reiterate that I stand by

9504-496: Was awarded to the organization because it had, with the Chemical Weapons Convention, "defined the use of chemical weapons as a taboo under international law " according to Thorbjørn Jagland , Chairman of the Norwegian Nobel Committee . The convention distinguishes three classes of controlled substance, chemicals that can either be used as weapons themselves or used in the manufacture of weapons. The classification

9603-592: Was conducted. A Finding of No Significant Impact resulted from the assessment. Preparations at the SDC site began in June 2019. The first Static Detonation Chamber components arrived at the depot on Aug. 6, 2019, in a convoy of more than a dozen flatbed trucks. Assembly began Oct. 31, 2019. Protective, tension fabric coverings were erected around each unit, with construction beginning in September 2019. They were completed in June 2020. On Feb. 19, 2022, chemical-agent destruction began at

9702-504: Was devised by Russia and the United States on 14 September, and was endorsed by United Nations Security Council Resolution 2118 and the OPCW Executive Council Decision EC-M-33/DEC.1. Their deadline for destruction was the first half of 2014. Syria gave the OPCW an inventory of its chemical weapons arsenal and began its destruction in October 2013, 2 weeks before its formal entry into force, while applying

9801-499: Was withdrawn and a new EA was completed in 2012. The new EA focused on the use of EDT for destroying overpacked and reject munitions. In April 2013, Program Executive Officer Conrad F. Whyne announced his selection of EDS to augment the Pueblo Chemical Agent-Destruction Pilot Plant for the safe destruction of chemical munitions unsuited for processing by the main plant's automated equipment. In Spring 2018,

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