How Did Federal Agencies Reach Consensus Ending Development of the Oregon Inlet Jetty Proposal?
By OIKAWA, Hiroki The White House Council on Environmental Quality (CEQ) was established by the National Environmental Policy Act of 1969 (NEPA) to review, appraise, and advise the President regarding agency implementation of environmental law and policy, charging with mediating interagency disagreements. The CEQ regulations implementing NEPA set forth the process known as “referral” for resolving federal agency disputes when there are “interagency disagreements concerning proposed major Federal actions that might cause unsatisfactory environmental effects” (40 C. F. R. 1504. 1). On October 16, 2001, the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) asked CEQ, through the “referral,” to help resolve outstanding issues concerning the U. S. Army Corps of Engineer (COE)’s proposal to construct two jetties at Oregon Inlet on North Carolina’s Outer Banks, arguing that the proposal would threaten the fisheries by interfering with larval fish movement and des
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