Embracing AdversityEmbracing Adversity

G. Lain EllisG. Lain Ellis

Environmental Affairs DivisionEnvironmental Affairs Division

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Slides are not self-explanatory.)Slides are not self-explanatory.)

But what’s missing?But what’s missing?

No despair is as dark as No despair is as dark as EIS producer’sEIS producer’s

It’s expensiveIt’s expensive It takes foreverIt takes forever It’s frustratingIt’s frustrating

Teardrops will fallTeardrops will fall

And the ROD generally says?And the ROD generally says?

Usually ends on a positive note:Usually ends on a positive note:

““The preferred alternative’s The preferred alternative’s

not as bad as the others.”not as bad as the others.”

Prospect of Despair Tempts UsProspect of Despair Tempts Us

Maybe I should do an EA?Maybe I should do an EA? Everybody knows:Everybody knows:

It’s a little less expensiveIt’s a little less expensive Takes a little less timeTakes a little less time Much Much less frustrationless frustration

But, lead us not into temptation without But, lead us not into temptation without asking why we might be temptedasking why we might be tempted

A Theory of Impact AversionA Theory of Impact Aversion

Only need EIS for significant impactsOnly need EIS for significant impacts If none, or if uncertain, EA is the wayIf none, or if uncertain, EA is the way

Might be able to get off cheapMight be able to get off cheap Might get done soonerMight get done sooner Might not be as desperateMight not be as desperate Compared to EIS, FONSI is easy way outCompared to EIS, FONSI is easy way out

But is it a good gamble?But is it a good gamble?

Only need EIS for significant impactsOnly need EIS for significant impacts If none, or if uncertain, EA is the wayIf none, or if uncertain, EA is the way

Might be able to get off cheapMight be able to get off cheap Might get done soonerMight get done sooner Might not be as desperateMight not be as desperate Compared to EIS, FONSI is easy way outCompared to EIS, FONSI is easy way out

But is it a good gamble?But is it a good gamble?

Riddle Me This:Riddle Me This:

: What’s more expensive than an EIS?: What’s more expensive than an EIS?

: EIS that follows an EA: EIS that follows an EA

: What would cause that?: What would cause that?

: A significant impact: A significant impact

: What’s more expensive than an EIS that: What’s more expensive than an EIS that

follows an EA?follows an EA?

: One following an EA and a court ruling: One following an EA and a court ruling

We Often ForgetWe Often Forget

Not all impacts are adverseNot all impacts are adverse Not all adverse impacts are significantNot all adverse impacts are significant Not all significant impacts are fatalNot all significant impacts are fatal But, there is Despair of Impacts anywayBut, there is Despair of Impacts anyway

Giving in to Despair: A RiskGiving in to Despair: A Risk

Tortured Text and Tortured LogicTortured Text and Tortured Logic Insignificant impact becomes unclear Insignificant impact becomes unclear

impactimpact Undermine “hard look” underlying FONSIUndermine “hard look” underlying FONSI Easy way out becomes easy way to EIS Easy way out becomes easy way to EIS

following EA and rulingfollowing EA and ruling

Giving in to Despair: A CertaintyGiving in to Despair: A Certainty

““No significant impacts” = “NO significant No significant impacts” = “NO significant impact”impact”

FONSI limits discussionFONSI limits discussion Can’t whisper about adverse impacts and Can’t whisper about adverse impacts and

shout about positive onesshout about positive ones

Despair of Impacts = inability to disclose Despair of Impacts = inability to disclose projects’ full benefitsprojects’ full benefits

The Freight ShuttleThe Freight Shuttle

Harness the power of significant impactsHarness the power of significant impacts There are adverse onesThere are adverse ones Implausible to argue they’re not significantImplausible to argue they’re not significant Don’t tryDon’t try

The Freight ShuttleThe Freight Shuttle

A few adverse impacts:A few adverse impacts: Significant controversySignificant controversy Socio-economicSocio-economic Visual vs. auralVisual vs. aural EcologicalEcological HumanHuman

Controversy

Opposition to PPP projects If similar to TTC 35/69, will be significant

Socio-Economic

Loss of trucking-related businesses Loss of long-haul trucking jobs Loss of jobs in small communities

Visual vs. Aural

Visual effects likely to be adverse Under Section 106 Under NEPA generally

Part of cumulative adverse effects Offset by

Noise reduction Creation of genuinely historic facility

Ecological

Water quality and wetlands But, impacts mitigated anyway plus

Less oil, tire debris into drainages Less crankcase oil disposal Habitat impacts temporary in many places,

beneficial in streams No barriers to wildlife movement New potential habitat for birds, bats

Improvements to air quality

Human

Broadly alter the human environment, but...

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Embracing AdversityEmbracing Adversity

EIS = EIS = Opportunity Opportunity to fully discuss impactsto fully discuss impacts SAFETEA-LU 6002 = Opportunity to harness SAFETEA-LU 6002 = Opportunity to harness

supportsupport Draft EIS = Opportunity to Draft EIS = Opportunity to

• Express positivesExpress positives• Build supportBuild support• Address trade-offs between adversity and benefitAddress trade-offs between adversity and benefit• Give benefits “hard look’ required to meet judicial Give benefits “hard look’ required to meet judicial

review standardreview standard

Is It Always a Good Idea?Is It Always a Good Idea?

Of course notOf course not Sometimes you just don’t need itSometimes you just don’t need it Sometimes the benefit is marginalSometimes the benefit is marginal Sometimes risk of litigation is lowSometimes risk of litigation is low

But when your project is really cool,….But when your project is really cool,….