
70 Environmental Impact Analysis
605 F. Supp. 2d 263 (D.D.C. 2009), it was held that NEPA public participation
requirements for the EAs were met even though the agency did not circulate
the EAs for notice and comment. “[T]he agency has signicant discretion in
determining when public comment is required with respect toEAs.”
In compliance with CEQ Regulations and similar to an EIS, the EA must
include a no-action alternative, but some valid EAs have just the two alter-
natives, proposed action and no action. On the surface it appears that this
subverts the NEPA intent of using environmental considerations and impact
mitigation to compare altern ...