Public Comment Periods and Federal Environmental Impact Statements: Potentials and Pitfalls from the American Experience

Abstract

Public comment periods are a primary mechanism for engaging citizens in Environmental Impact Statement (EIS) processes and, in turn, federal decisions with significant environmental, economic and cultural impacts. Yet citizens often feel disenfranchised throughout the five main stages of these comment periods. As a result, when members of the public participate in public comment periods, they are increasingly doing so not only to provide feedback on a given proposed project but to critique the nature of civic engagement and democratic decision-making occurring today. EIS public comment periods are thus at times transforming from a means of enhancing the sustainability of federal actions to a civic tool for challenging what are viewed to be exclusive governance practices. Improving the dynamics of public involvement in EIS public comment periods by engaging citizens earlier, developing clearer guidelines for incorporating civic input into decision-making, diversifying EIS preparers, and moving public comment periods to a deliberative model can enhance democratic engagement and the environmental, economic and cultural sustainability of future government actions.

An equity and environmental justice assessment of anti-science actions during the Trump administration

“…The US Government is beholden to its people, and public participation in evidence-based policymaking is central to the Constitution’s stated vision of self-governance. Public participation (public comments, listening sessions, and hearings) gives people a voice in policy decisions [ 41 , 42 ]. For decades, government officials have failed to include underserved communities at the science policymaking table or failed to meaningfully incorporate lived experience or Tribal ecological knowledge in decisions, despite underserved communities often having been the constituents most affected by government decisions [ 43 , 44 ].…”

“…Agencies should ensure that the public can comment early and effectively in the rulemaking process to promote a deliberative model of public engagement that encourages two-way dialogue between agencies and the public [ 42 ].…”