LUC staff notes early intervention notice; explains EIS vs. EA process
LUC staff explained the legal rationale for allowing a petitioner to go directly to an EIS, described the limits of an early notice of intent to intervene, and reminded commissioners that FONSI determinations can be appealed to the courts.
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LUC Chief Planner Scott Derrickson told commissioners the petition seeks two determinations: that the Commission be the accepting authority for the environmental review and that an EIS is likely required so the petitioner can proceed directly to an EIS rather than first completing an environmental assessment (EA). Derrickson described this as a streamlining approach available under recent rule changes and said it would save time and money when large projects identify potentially significant impacts.
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