Ultimately, NEPA is meant to ensure environmental factors weigh as much as economic ones.
The federal law requires companies to study possible benefits and threats to the landscape, wildlife, or human health before proceeding with a major federal project, giving officials a last chance to intervene if the work imposes a “significant impact.”
The Energy Department’s screening process relies on an environmental questionnaire in which companies are trusted to provide information about their activities, that may qualify for a NEPA exemption.
Documents show that Corporate polluters often omitted mention of health, safety, and environmental violations from their applications.
Agency officials who granted the exemptions claim:
They chose to ignore companies’ environmental compliance records in making grant decisions and issuing NEPA exemptions, saying they considered such information irrelevant.
Plus, they do not have time in most cases to review the environmental compliance records, and do not believe past violations should affect polluters’ chances of winning stimulus money from the American Recovery and Reinvestment Act or the NEPA exclusions. More info on the American Recovery and Reinvestment Act
They argue that these exemptions were essential to accelerate more than $30 billion in stimulus-funded clean energy projects, allocated by the Energy Department, And in the long run, they say, the exempted stimulus activities will serve to boost energy efficiency and curb pollution.
But, many environmental advocates told the Center, "the goals of creating a clean energy economy and more jobs don’t outweigh the risks of giving money to and foregoing supervision of repeat violators of anti-pollution laws."
One of the most frequent arguments offered by department officials for the speedy processing of stimulus-funded clean energy projects is that they will help, not hurt, the environment. Some have expressed unwavering confidence that none of the NEPA-exempted projects would result in significant harm.
Although, documents also show: some polluters reported their stimulus projects might cause unknown environmental risks, could adversely affect sensitive resources and will likely produce hazardous air pollutants or toxic metals.
Still others won stimulus money just weeks after settling major pollution cases. And nearly all got exemptions from full environmental analyses.
The Energy Department has granted stimulus money to oil firms, chemical companies, and coal-burning utilities, and has handed out similar waivers to recipients with some of the nation’s worst environmental compliance records. Aomong them:
1) Westar Energy /// PROJECT: An electrical grid upgrade project in Kansas
The Energy Department granted the NEPA waiver to Westar’s project funded by a $19 million stimulus grants
Settled a major air pollution case by paying a half billion dollars inpenalties and remediation costs
2) Duke Energy // PROJECT: 1.Wind farm in Texas 2.Electrical grid upgrade project in five additional states
The department granted the NEPA waiver to both Duke projects, funded by a combined $226 million in stimulus grants
The energy corporation still continues its decade-long defense against two of the biggest air-pollution cases in the nation’s history.
3) DuPont // PROJECT: A project to create clean-burning biofuel from seaweed
The biofuel project was given $8.9 million in stimulus funds, an amount nearly equal to the record environmental fine the company paid in 2005 to settle allegations that it hid the dangers of C8 from federal regulators for two decades.
Currently facing two class-action lawsuits over water contamination caused by its toxic chemical, C8.
***In all, the Center has found roughly three dozen companies with past environmental problems that won NEPA exemptions for stimulus-funded projects from the Energy Department***
Many Stimulus Reipents Freed From Environmental Oversight:
The chart on the left shows the total percentage of stimulus activities that were exempt
from the most basic fotrm of environmental review under NEPA, according to a Council on Environmental Quality report that reflects data as of September 30, 2010.
Stimulus Funds By Federal Agency: The chart on the left shows a comparison of the total amount of stimulus funds obligated by each federal agency, according to the report submitted by the Council on Environmental Quality.
Why is behind these Exemptions?
1. Past Pollution Records are not a factor in most exemptions.
The case of a Wisconsin ethanol plant with a long history of pollution problems demonstrates how little emphasis the administration placed on environmental compliance in regard to the stimulus funds.
More Info: The Wisconsin ethanol plant's long history of pollution problems
2. Some NEPA exemptions are conditional
Giving polluters initial permission to spend money on researching and developing a technology in a laboratory while leaving the door open for a second environmental analysis when the company breaks ground.
More Info: DuPont’s nearly $9 million stimulus project falls into that category.
Salazar = Extractive Industries' 'BFF'
Other Related Links:
Big Polluters Freed from Environmental Oversight by Stimulus
It's time the big polluters did their fair share
