Increasingly, municipalities and/or counties are making an environmental impact review a part of the Wal-Mart development oversight process. While the environmental impacts of Wal-Mart projects have been discussed in other parts of these materials (see “Special Permits” and “Natural Resources,” for example) and may play a role in other parts of the oversight process, the environmental review discussed here is a more formal and comprehensive process. In most cases, it is a state-level review (or a state-mandated review managed by a local “lead agency”), and is triggered when a project (like a Wal-Mart project) reaches certain impact thresholds articulated in a state statutory scheme.*
In the Wal-Mart context, it could be the number of car trips the project would generate per day, or the size of the site that will be utilized for the development. These environmental review statutes vary from state to state, although they all have similar provisions. Most involve input from the relevant municipality or regional government oversight bodies as well as from state level agencies. For example, a local planning board could determine that the state-level environmental review process is triggered because of the size and scope of a particular project. The state agency (or local “lead agency”) in charge of overseeing the environmental review would be notified and would coordinate input and comments from relevant state agencies. So, for example, if the proposed project impacted a waterway, the state water quality oversight agency would review the proposal and offer comments regarding impacts and mitigation.
* These types of review processes can also be mandated by regional bodies. In addition, there are federal environmental impact review processes that may be relevant but are probably beyond the scope of these materials. Retaining an experienced land use or environmental attorney is the best way to determine if a particular Wal-Mart project reaches the impact thresholds articulated in federal environmental review statutes and regulations.
Strategies, Examples
Obviously, these types of environmental review processes offer excellent opportunities for citizens to get involved. Most include a public comment component and often require that public hearings be held. Again, as with oversight processes at the local level, it may be helpful to retain a local attorney and experts to assist you in making your comments part of the environmental review process – getting your concerns “on the record” in anticipation of appeal. In addition to the advocacy opportunities during the oversight process itself, most environmental statutory rules also afford concerned parties (citizens) the opportunity to appeal adverse environmental impact decisions to the courts.
Not all states have this type of environmental review, and some approach it differently than others. It is important to find out as early as possible in the BBR oversight process what kind of statutory environmental process your state has and what opportunities you may have to get involved. Like other items in these materials, environmental reviews can be a very specialized and complex area of expertise, so it is probably worth retaining an experienced land use/environmental attorney to assist you. Excerpts from the following state-level environmental review statutory rules are available for download:
