“The tradition among all armed services, are much older than any government, more conservative than any department of government, and more sure to build on a foundation that they are certain of, rather than to take any chance of making a mistake.”
--- General William "Billy" Mitchell - United States Army
Executive Order 2012-11 signed by Pennsylvania Gov. Tom Corbett on July 24, 2012, titled "Permit Decision Guarantee for the Department of Environmental Protection." The order requires drillers and others building projects related to oil and gas drilling to provide complete applications for permits, and if they do, encourages the DEP to respond to those applications in a timely manner.
Executive Order 2012-11 signed by Pennsylvania Gov. Tom Corbett on July 24, 2012, titled "Permit Decision Guarantee for the Department of Environmental Protection." The order requires drillers and others building projects related to oil and gas drilling to provide complete applications for permits, and if they do, encourages the DEP to respond to those applications in a timely manner.
For more classes visit
www.snaptutorial.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
For more classes visit
www.snaptutorial.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
ENV 320 Week 2 Air and Water Quality Issues Worksheet
env 320 mentor The Secret of Eduation /env320mentor.comrock1234595
FOR MORE CLASSES VISIT
www.env320mentor.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
FOR MORE CLASSES VISIT
www.env320mentor.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
Current Issues Wetland Mitigation_Irow 2009 jlarndt_51
Presents history and current status of wetland mitigation along utility rights-of-way. Presented at the INternational Conference on environmental Concerns in Rights-of-Way Management, 2009, Portland OR.
"An organization's ability to learn, and translate that learning into action rapidly, is the ultimate competitive advantage"
---Jack Welch, Business Executive, Author, Chemical Engineer, Former Chairman and CEO, General Electric
“Accept - then act.
Whatever the present moment contains,
Accept it as if you had chosen it.
Always work with it, not against it.
Make it your friend and ally, not your enemy.
This will miraculously transform your whole life.”
--- Eckhart Tolle
For more classes visit
www.snaptutorial.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
For more classes visit
www.snaptutorial.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
ENV 320 Week 2 Air and Water Quality Issues Worksheet
env 320 mentor The Secret of Eduation /env320mentor.comrock1234595
FOR MORE CLASSES VISIT
www.env320mentor.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Safe Drinking Water Act of 1974
FOR MORE CLASSES VISIT
www.env320mentor.com
Please Check the Assignments Included in this Tutorial below
ENV 320 Week 1 Individual Assignment Environmental Laws Paper Endangered Species Act of 1973
Current Issues Wetland Mitigation_Irow 2009 jlarndt_51
Presents history and current status of wetland mitigation along utility rights-of-way. Presented at the INternational Conference on environmental Concerns in Rights-of-Way Management, 2009, Portland OR.
"An organization's ability to learn, and translate that learning into action rapidly, is the ultimate competitive advantage"
---Jack Welch, Business Executive, Author, Chemical Engineer, Former Chairman and CEO, General Electric
“Accept - then act.
Whatever the present moment contains,
Accept it as if you had chosen it.
Always work with it, not against it.
Make it your friend and ally, not your enemy.
This will miraculously transform your whole life.”
--- Eckhart Tolle
“True self-determination does not come with a state-initiated, state-controlled process like this.”
--- Andre Perez, Hawaiian cultural practitioner and community activist, Movement for Aloha No ka Aina (MANA)
Good governance demands elected public official be honest and transparent. Elected public officials represent the people and to provide for the people.
We have been patient and tolerant. We have been tested.
We are Idle No More!
"You miss 100 percent of the shots you don't take."
- Wayne Gretzky, NHL Hall of Fame, “The Great One”
“If you can't fly then run, if you can't run then walk, if you can't walk then crawl, but whatever you do you have to keep moving forward.”
- Dr. Martin Luther King, Jr.
“A particular shot or way of moving the ball can be a player's personal signature, but efficiency of performance is what wins the game for the team."
- Pat Riley
"Efficiency is doing better what is already being done. Effectiveness is deciding what to do better."
- Peter Drucker
“Never make excuses. Your friends don't need them and your foes won't believe them.”
- John Wooden
RONALD REAGAN ON BIG GOVERNMENT
“Government is not the solution to our problems, government is the problem.”
“Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if stops moving, subsidize it.”
“The nine most terrifying words in the English language are, “I’m from the government and I’m here to help.”
- From the Reagan Ranch Center, Santa Barbara, California, USA
Best Practices for NEPA Compliance and Related Permitting for Projects on In...Trihydro Corporation
Regulatory framework for permitting wells and pipelines
Typical timeframes and hang-ups in the permitting process
Best practices for permitting
Programmatic approaches to well field development on tribal lands, including potential benefits to tribes, Bureau of Indian Affairs (BIA), and operators
Dean Amory's Feature Article: Ecology Legal Update published in CIEEM's InPra...Dean Amory
Bulletin of the Chartered Institute of Ecology and Environmental Management (CIEEM)
InPractice, Issue 83, March 2014
Feature Article: Ecology Legal Update
by Penny Simpson and Dean Amory
Freeths LLP
The Executive Summary of the draft Environmental Impact Statement (EIS) from the Federal Energy Regulatory Commission. It is a review of the potential impacts from building a 125-mile natural gas pipeline from Susquehanna County, PA north into central New York where it will connect with two interstate natural gas transmission pipelines, delivering up to 650,000 dekatherms of natural gas per day to New York and New England--something badly needed. The EIS says there will be negative effects on the environment--but that those effects can be mitigated to "less than significant levels" if certain things are done.
Environmental Assessments for Energy, Infrastructure and Resource projects ...This account is closed
Understanding the new Canadian Environmental Assessment Act (CEAA) and how it relates to applicable provincial environmental assessment and planning legislation is critical to the success of your projects. Navigating the challenges of multiple government bodies, project scoping considerations and your consultation responsibilities with First Nations are key to the approval process. Obtaining approvals for these assessments may unlock opportunities or cause challenges.
Presenters:
David Estrin, Partner, Gowlings (Toronto Office)
Rodney V. Northey, Partner, Gowlings (Toronto Office)
Excuses kill solutions and dilute passion. Kill excuses before it kills you. Focus is key! Obstacles will always exist on your path, but it's important to remember that it is not these challenges that stop us from becoming the amazing people we can be, it is often our own excuses that stop us. - Vijay Eswaran
Audit success comes from service, not from status. The true standards of audit practice are found within the auditor's character: honesty, integrity, self control and high ethical values. The printed standards are merely guidelines for trying to make the art of auditing into a profession. - Michael L. Piazza
Auditors must develop a reputation that proclaims that they know what they are doing... that their reviews are factual and unbiased... that they deserve to be respected... that they are professionals with professional qualifications. A fundamental key to audit success is the reputation for objectivity. That implies independence from activities reviewed. Complete independence is an unattainable goal while practical independence is not only possible but absolutely essential. - Larry Sawyer
The bull rider in the chute apparently couldn't get his grip and kept resetting. - Sara M. Anderson
The rodeo ain't over till the bull riders ride. - Ralph Carpenter
The quality of a person's life is in direct proportion to their commitment to excellence, regardless of their chosen field of endeavor. Individual commitment to a group effort—that is what makes a team work, a company work, a society work, a civilization work. - Vince Lombardi
Two roads diverged in a wood and I - I took the one less traveled by, and that has made all the difference.
- Robert Frost
Sometimes the right path is not the easiest.
- Grandmother Willow
LEADership is the ability to translate vision into reality.
- Warren Bennis
Realize that if a door closed, it's because what was behind it wasn't meant for you.
- Mandy Hale
I believe each of us has a mission in life, and that one cannot truly be living their most fulfilled life until they recognize this mission and dedicate their life to pursuing it. - Blake Mycoskie
A mission statement is not something you write overnight. But fundamentally, your mission statement becomes your constitution, the solid expression of your vision and values. It becomes the criterion by which you measure everything else in your life. - Stephen Covey
There are three kinds of people: Those who make things happen, those who watch things happen, and those who ask, 'What happened?'
- Casey Stengel
Success seems to be connected with action. Successful people keep moving. They make mistakes, but they don't quit.
- Conrad Hilton
The Law is a mighty machine. Woe to the unfortunate man who, wholly or in part innocent, becomes entangled in its mighty wheels, unless his innocence is patent or his rescue planned and executed by able counsel. The machine will grind on relentlessly and ruthlessly, and blindfolded justice does not see that the grist is sometimes stained with blood.
- Edward Johnes, Esq.
Inner harmony means knowing yourself, accepting yourself and delighting yourself. Make your body and mind the best friends to give your best, effortlessly, in any area of your life.
- Savitha Hosamane
Michael Jordan:
Some people want it to happen, some wish it would happen, others make it happen.
I've always believed that if you put in the work, the results will come. I don't do things half-heartedly. Because I know if I do, then I can expect half-hearted results.
Talent wins games, but teamwork and intelligence wins championships.
Write your own book instead of reading someone else's book about success. Great moments are born from great opportunities. This is your time. Their time is done. It's over. This is your time. Now go out there and take it!
- Herb Brooks
No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence. - Martin Luther King, Jr.
To do what nobody else will do, a way that nobody else can do, in spite of all we go through; that is to be a nurse.
- Rawsi Williams
Nurses dispense comfort, compassion, and caring without even a prescription. - Val Saintsbury
It's no secret that the healthcare system needs some work. In fact, it's not really a system at all. It's confusing, it's difficult to navigate, and it's too expensive. When you combine that with some of the demographic trends that you see in our country — the population is getting older, we're experiencing more chronic disease — it gets even more complicated and more expensive. And consumer expectations are changing dramatically as well. So, this creates an opportunity for an organization like ours to lead this digital transformation.
Steve Nelson, CEO
UnitedHealthcare
When a man becomes a fireman his greatest act of bravery has been accomplished. What he does after that is all in the line of work.
I have no ambition in this world but one, and that is to be a fireman. The position may, in the eyes of some, appear to be a lowly one; but we who know the work which the fireman has to do believe that his is a noble calling. Our proudest moment is to save lives. Under the impulse of such thoughts, the nobility of the occupation thrills us and stimulates us to deeds of daring, even of supreme sacrifice.
- Edward F. Croker, Chief, New York City Fire Department
(FDNY) (1899-1911)
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
THE UNITED STATES ARMY - Force Realignment 2014 - The National Environmental Policy Act of 1969 (NEPA)
1. STREAMLINING the BUZZ Word for Defense Spending and United States Army
proposed Drawdown of Forces requires full, total compliance and adherence to the legal
requirements of The National Environmental Policy Act (NEPA) [Title 42 United States
Code §4321 et seq.] and regulations promulgated by the Council on Environmental
Quality (CEQ) [Title 40 Code of Federal Regulations Parts 1500-15081]
The shortest pathway, though timesaving and administratively convenient, is, as taken by
the United States Army 2020 Force Structure Realignment - Supplemental Programmatic
Environmental Assessment - Supplemental Programmatic Environmental Assessment for
Army 2020 Force Structure Realignment utilizing an ENVIRONMENTAL
ASSESSMENT (EA), FINDING NO SIGNIFICANT IMPACT is, part, albeit
incomplete, piecemealed portion of the process.
NEPA requires an ENVIRONMENTAL IMPACT STATEMENT (EIS) be prepared.
The proposed action of the United States Army is a major federal action significantly
affecting and impacting on the quality of the human environment, existing social and
economic activities and conditions, law enforcement and fire prevention, growth and
development patterns, land use patterns, neighborhood character and cohesiveness,
housing, local utilities, public services, etc.
Army 2020 Force Structure Realignment - Supplemental Programmatic
Environmental Assessment - Supplemental Programmatic Environmental Assessment
for Army 2020 Force Structure Realignment.
“The National Environmental Policy Act of 1969 (NEPA) requires federal agencies to
consider potential environmental impacts prior to undertaking a course of action. NEPA
is implemented through regulations promulgated by the Council on Environmental
Quality (CEQ) (40 Code of Federal Regulations [CFR] Parts 1500–1508) and within the
United States (U.S.) Department of the Army (Army) by 32 CFR Part 651,
Environmental Analysis of Army Actions. In accordance with these requirements, the
Army has prepared a Supplemental Programmatic Environmental Assessment (SPEA) to
consider environmental effects on installations that could result from implementation of
the Proposed Action to realign Army forces from Fiscal Year (FY) 2013 through FY
2020. The SPEA was prepared as a supplemental NEPA evaluation to the Army’s 2013
Programmatic Environmental Assessment (2013 PEA) due to changes to the Purpose and
Need described in the previous document.”
FINDING OF NO SIGNIFICANT IMPACT (FONSI) for Army 2020 Force Structure
Realignment - 4 June 2014
Source: http://aec.army.mil/Portals/3/nepa/Army2020SPEA-FNSI.pdf
2. THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) PROCESS
The NEPA process consists of an evaluation of the environmental effects of a federal
undertaking including its alternatives. There are three levels of analysis: categorical
exclusion determination; preparation of an environmental assessment/finding of no
significant impact (EA/FONSI); and preparation of an environmental impact
statement (EIS).
1. Categorical Exclusion: At the first level, an undertaking may be categorically
excluded from a detailed environmental analysis if it meets certain criteria which
a federal agency has previously determined as having no significant
environmental impact. A number of agencies have developed lists of actions
which are normally categorically excluded from environmental evaluation under
their NEPA regulations.
2. EA/FONSI: At the second level of analysis, a federal agency prepares a written
environmental assessment (EA) to determine whether or not a federal undertaking
would significantly affect the environment. If the answer is no, the agency issues
a finding of no significant impact (FONSI). The FONSI may address measures
which an agency will take to mitigate potentially significant impacts.
3. EIS: If the EA determines that the environmental consequences of a proposed
federal undertaking may be significant, an EIS is prepared. An EIS is a more
detailed evaluation of the proposed action and alternatives. The public, other
federal agencies and outside parties may provide input into the preparation of an
EIS and then comment on the draft EIS when it is completed.
If a federal agency anticipates that an undertaking may significantly impact the
environment, or if a project is environmentally controversial, a federal agency may
choose to prepare an EIS without having to first prepare an EA.
After a final EIS is prepared and at the time of its decision, a federal agency will prepare
a public record of its decision addressing how the findings of the EIS, including
consideration of alternatives, were incorporated into the agency's decision-making
process.
Source: The National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.]
http://www.epa.gov/compliance/basics/nepa.html
3. JACKSON COUNTY V. JONES - No. 77-1739 (8th Cir. February 7, 1978)
“The Eighth Circuit affirms a district court's denial of a motion for a
preliminary injunction against the relocation of personnel and equipment from
Richards-Gebaur Air Base near Kansas City to Scott Air Base near St. Louis.
Treating the case as an appeal on the merits, the court rules that the Air Force's
environmental impact statement (EIS) for the project was adequate and that
the substantive decision to proceed with the base relocation was not arbitrary
and capricious and thus not reversible under the National Environmental Policy
Act (NEPA).
The court finds that the Air Force is not exempt from the statute's mandates and
that the Act is applicable to this relocation because it will directly and
substantially affect the physical and economic environments of the two areas.
The court rejects the contention that the impact statement did not discuss all
feasible alternatives in sufficient detail; although the discussion of alternatives
was less than thorough, it was nevertheless adequate. [Emphasis Supplied]
V. Conclusion
The EIS was adequate and the final decision to proceed with the proposed
action was not arbitrary or capricious. We affirm the district court's denial of
the preliminary injunction. [Emphasis Supplied]
1. McDowell v. Schlesinger, 404 F. Supp. 221 [6 ELR 20224] (W.D. Mo.
1975). No appeal was taken from the district court's judgment.
1
1
“This Court is satisfied that plaintiffs have made the requisite showing that defendants'
proposed action could significantly affect the quality of the human environment. As more
particularly set forth supra at pp. 235-237, plaintiffs have shown that the proposed transfer from
the RGAFB area of approximately 7,500 persons could and will result in significant impacts to
the RGAFB area on, among other things, existing social and economic activities and conditions in
the area; problems relating to law enforcement and fire prevention; growth and development
patterns in the area, including existing land use patterns, and neighborhood character and
cohesiveness, etc.; and aesthetic considerations. With regard to the Scott area, as
particularized supra pp. 237-239, plaintiffs have demonstrated that the proposed relocation of
approximately 10,000 persons to that area could result in significant impacts on that area,
including inter alia impacts on the availability of housing, and the overburdening of local utilities
and other public services. Further, the proposed action will result in unknown, but potentially
significant, environmental impacts caused by the construction of new housing and other
community facilities in the Scott area which will be built to accommodate the incoming
population.
4. 2. The plaintiffs/appellants in this case are: Jackson County, Missouri; Kansas
City, Missouri; the State of Missouri ex rel. John Ashcroft; the State of
Kansas ex rel. Curt T. Schneider; Mid-America Regional Counsel; Cass
County, Missouri; Johnson County, Kansas; Kansas City, Kansas; certain
named employees (and/or their spouses) of the Air Force employed at
Richards-Gebaur Air Force Base; American Federation of Government
Employees (AFL-CIO), Local 2127.
The defendants/appellees in this case are General David C. Jones, United States
Air Force, Chief of Staff; John C. Stetson, Secretary of the Department of the
Air Force; the Department of the Air Force; General George S. Brown, United
States Air Force, Chairman of the Joint Chiefs of Staff; Dr. Harold Brown,
Secretary of the Department of the Defense; the Department of Defense. The
defendants/appellees will be referred to as the Air Force.
3. No issues of national security are before this court. The only such issues
raised before the trial court were resolved in favor of the Air Force. McDowell
v. Schlesinger, supra at 257-59.
While most of these potential impacts may properly be termed "secondary" impacts, they are
within NEPA's ambit. See CEQ Guideline 1500.8(a) (3) (ii), 40 C.F.R. § 1500.8(a) (3) (ii) (1974),
and the discussion of the scope of NEPA supra at pp. 244-246. Where such impacts may be
significant, § 102(2) (C) of NEPA applies to the proposed action, including its requirement of the
preparation of a detailed EIS by the defendant agencies. Thus, under the teachings of M. P. I. R.
G. v. Butz, supra, defendants' proposed action must be considered a "major federal action
significantly affecting *255 the quality of the human environment" within the meaning of §
102(2) (C) of NEPA. The decision of defendants to effect the relocations, realignments and
transfers of Headquarters, AFCS, the ETAC and DCA units, and the Squadron of C-130 aircraft
to Scott Air Force Base will be set aside. Defendants will be directed to specifically comply with
the requirements of § 102(2)(C) of NEPA, including the requirement that an EIS be prepared and
filed, prior to and as an integral part of any reconsideration by the defendant agencies of the
decision to effect these realignments, transfers, and relocations to Scott. An appropriate injunctive
order will be entered. Judgment shall enter accordingly. [Citations Omitted, Emphasis Supplied]
It is so ordered.”
Reference: 404 F.Supp. 221 (1975) - Robert L. McDOWELL et al., Plaintiffs, v. James R.
SCHLESINGER, Secretary of Defense of the United States, et al., Defendants, Jackson County,
Missouri, Intervenor-Plaintiff. No. 75 CV 234 W-4. United States District Court, W. D. Missouri,
W. D. July 9, 1975. https://www.courtlistener.com/opinion/2131578/mcdowell-v-schlesinger/
5. At oral argument before this court, the Air Force asserted for the first time that
other and broader national security issues were involved in the proposed
relocation. These assertions are unsupported by the record. [Emphasis
Supplied]
4. NEPA requires that an EIS be prepared before the federal government or its
agencies proceed with a major action. An EIS should include a detailed
discussion of:
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be avoided should the
proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of man's environment and
the maintenance and enhancement of long-term productivity, and
(v) any irreversible and irretrievable commitments of resources which would be
involved in the proposed action should it be implemented.
42 U.S.C. § 4332(2)(C)(i-v).
5. For a comprehensive discussion of the history of AFCS and its function and
its location at Richards-Gebaur in 1970, see McDowell v. Schlesinger, supra.
6. Alternatives (1) through (4) provided that approximately 91 percent of the
base personnel at Richards-Gebaur be transferred to other Air Force bases, with
most transferred to Scott.
7. In each alternative, the Air Force considered it essential that certain technical
support units, the Detachment 2, 1814 Communications Squadron, 1842
Electronics Engineering Group, and the 1815 Test Squadron be located at the
same base as AFCS. The functions of these technical support units are directly
related to the functions performed by AFCS. In each alternative but (5), the Air
Force retained the option of moving the 37th TAS to Scott or to Pope Air Force
Base in North Carolina. Also proposed was the relocation of the 1866th Facility
Checking Squadron.
8. The Military Airlift Command is headquartered at Scott.
6. 9. These alternatives were proposed by Robert L. McDowell, the original
plaintiff in McDowell v. Schlesinger, supra,at the hearing held by the United
States Senate Subcommittee on Military Construction of the Committee on the
Armed Forces on September 15, 1976. EIS, App. 2, Vol. 2, p. 597.
10. The Air Force advanced the following argument in response to alternative
(11)(a) that we deem to be utterly without merit. They stated that current
Department of Defense regulations do not permit pro rata cost sharing of
facilities jointly used by active and reserve units of the various branches of the
Armed Services. Thus, no savings would be affected by using a portion of
Richards-Gebaur to accommodate Navy and Air Force personnel in space
vacated by the 1840th Air Base Wing (1840 ABW). Any serious cost savings
efforts must disregard antiquated regulations designed to perpetuate artificial
barriers between branches of the Armed Services and between active and
reserve units of the various services.
11. Scott is located near St. Louis, Missouri, which has a large enough supply
of rental and purchase properties to absorb the influx of personnel which will
result from the relocation of AFCS. The parties dispute whether or not certain
portions of the St. Louis metropolitan area are within a one-hour rush hour
commuting distance of Scott. A one-hour commuting distance is that
considered acceptable by the Air Force. We need not determine which party is
correct in this dispute. As discussed earlier in this opinion, we are not to decide
whether the Air Force's decision was the most correct one, but merely whether
all relevant factors were presented to and considered by the decision-making
agency.
12. This estimate was made by McDowell in his testimony before the Senate
Subcommittee, EIS, App. 2, Vol. 2, p. 597. See n.9, supra.
13. See n.11, supra.
7. 14. Richards-Gebaur dependents represent approximately 4,123 (1.9 percent) of
the 219,000 average daily attendance (ADA) in public schools in the three-
county area. However, five districts service 72.3 percent of all Richards-Gebaur
dependents (Table 26). Belton School District No. 124 has the greatest
concentration; 1,524 of 4,313 ADA, or 35 percent, are dependents of Richards-
Gebaur personnel. Next, in order of percentage of ADA, are Consolidated
District No. 4 (areas within Kansas City, Grandview and Lee's Summit), 13
percent; Raymore-Peculiar R-2, 5.3 percent; Harrisonville-Cass R-9, 4.5
percent; and finally Consolidated No. 1, 3.8 percent (areas within Kansas City
and Grandview). The remaining Richards-Gebaur dependents are distributed in
approximately 80 communities. EIS, p. 67.
Source: 8 ELR 20300 | Environmental Law Reporter
http://elr.info/sites/default/files/litigation/8.20300.htm
Footnoted Reference: McDowell v. Schlesinger, 404 F. Supp. 221
(W.D. Mo. 1975) Added for Clarification.