Agencies Seek Early Mitigation For Disparate Impacts In NEPA Reviews

Federal agencies are beginning to seek mitigation measures to address any disparate impacts their National Environmental Policy Act (NEPA) reviews may show on poor and minority communities even before the Biden administration lays out a process for doing so in updated NEPA implementing rules, sources say. Agencies conducting NEPA reviews are “expecting to see benefits for disadvantaged communities, even if there is not a direct correlation from a finding of a particular impact,” says one industry source, who adds that...