Secret government decisions continue to threaten the environment
In 2012, TVA suddenly cut numerous mature trees in people’s back yards bordering transmission lines. Contractors showed up unannounced to kill all tree species that might grow 15 feet tall within the wide power line easement. When citizens asked why, they were told that FEMA made a new rule. This was blatantly untrue.
In fact, TVA alone had changed their policy citing bogus reasons related to the dangers of those far away trees arcing to the power lines and saving money by not having to cut so often. Residents were infuriated over the loss of their trees, never before considered a threat.
West Knoxville homeowners took TVA to court. Finally, this past June TVA asked for legal dismissal saying they had returned to the previous maintenance policies. All this time, money and loss of trees could have been avoided if TVA had only followed NEPA.
NEPA, the National Environmental Policy Act, assures that Federal agencies protect the environment and allow public review of projects. For large projects, both an environmental assessment (EA) and environmental impact statement (EIS) are required and usually a public hearing.
In requesting dismissal of the tree cutting case, TVA stated that they recognized the appropriate environmental review wasn’t conducted and that they will publish an EIS. In other words, NEPA requirements were not followed.
Now we learn that TVA wants to weaken their burden of proof under NEPA requirements for some projects. After all, preparing an EA and/or an EIS is time consuming and can be costly. Why not avoid all those requirements for citizen input when it’s so obvious (to TVA) that the project has no environmentally significant impact? TVA now wants so-called minor projects to become NEPA Categorical Exclusions (CE). However, TVA has gone too far.
Some original exclusions were 1) Routine operation, maintenance, and minor upgrading of existing TVA facilities.; 2) Technical and planning assistance to State, and local and private organizations and entities and 3) Emergency preparedness actions not involving the modification of existing facilities or grounds.
Clearly no EA or EIS would be needed. If the 31 new ones are approved and some old ones eliminated there will be a whopping increase from 19 to 50. Here are some proposed new ones. Note the many weasel words:
- Actions to restore and enhance wetlands, riparian, and aquatic ecosystems that generally involve physical disturbance of no more than 125 acres, including, but not limited to, construction of small water control structures; revegetation actions using native materials; construction of small berms, dikes, and fish attractors; removal of debris and sediment following natural or human-caused disturbance events; installation of silt fences; construction of limited access routes for purposes of routine maintenance and management; and reintroduction or supplementation of native, formerly native, or established species into suitable habitat within their historic or established range.
- Reburial of human remains or objects (including repatriations) on TVA land.
- Actions to manage invasive plants including, but not limited to, chemical applications, mechanical removal, and manual treatments that generally do not physically disturb more than 125 acres of land.
- Actions to manipulate species composition and age class, including, but not limited to, harvesting or thinning of live trees and other timber stand improvement actions (e.g., prescribed burns, non-commercial removal, chemical control), generally covering up to 125 acres and requiring no more than 1 mile of temporary or seasonal permanent road construction.
Maybe you think these don’t sound too bad. The point is, however, that if these are listed in the categorical exclusions list, you will not have a say one way or another until after the deed is done.
TVA is a Federal public power agency. Citizens have a right to transparency, information and input before an environmental impact statement is completed, including alternative solutions before any final decision. The good news is that TVA is allowing public comment until September 6. The Federal Council for Environmental Quality must finally approve each proposed exclusion. See TVA’s NEPA website. Send comments to NEPArule@tva.gov.
NEPA allows light to shine for environmental protection. The August solar eclipse will black us out for only 2.5 minutes. A TVA eclipse will keep us in the dark for far longer.
Sandra Kurtz is an environmental community activist and is presently working through the Urban Century Institute. You can visit her website to learn more at enviroedu.net