DC Environmental and Regulatory Reform Phil Mendelson January 1998

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Phil Mendelson, DC Environmental and Regulatory Reform, January 1998

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DC Environmental and Regulatory Reform

Phil Mendelson

January 1998

The following is excerpted from testimony I gave last month before the
City Council. The focus was whether the District
s environmental policy act — modeled on the federal NEPA, adopted
almost 10 years ago, but never implemented by the city — should be repealed.

This testimony was given on behalf of the Committee of 100 on the Federal
City, an independent citizen organization founded in 1923 and dedicated to advancing the
fundamental planning, environmental, and community values that give Washington its
historic distinction, natural beauty, and overall livability.

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dropowhi.jpg (1438 bytes)ur environment is under assault. This mornings Washington Post,
yet again, has an article about air pollution, mentioning Washington, D.C., as one of the
dirtier cities in this country. The Anacostia River is years, or decades, away from
recovery as a clean, living, waterway. The urban forest
s value is by now well
known, but ours continues to deteriorate. This is not the time to be weakening tools for
protecting our environment.

The arguments against our current law are that it is expensive,
duplicative, and unfriendly to business. These arguments are false and misleading.

Environmental impact statements do not, as a rule, cost $350,000 a pop, as
Councilmember Brazil claims. In fact, the majority of EIS
s cost less than $50,000
and are only required for projects whose hard costs exceed $1 million (in 1989
value)."

Councilmember Brazil and his allies say the current law is duplicative of
up to 70 other laws. We have no idea what they are talking about. The District
s Environmental Policy
Act is the only law that requires an environmental impact statement. The
environmental protection afforded by ordinary permit review and zoning requirements is no
substitute for the public disclosure of an EIS. Indeed, the Georgetown Co-generator EIS
revealed critical information about public health hazards — information that had
otherwise remained hidden despite dozens of public hearings and separate reviews.

The claim that the Districts law is out of step with the nation is false, too. Our current law
is not unique; it replicates the very effective National Environmental Policy Act and is
similar to laws enacted in other states, including New York, California, and Washington,
all of which require environmental review of private development.

The suggestion that environmental disclosure is bad for business is
misguided. It assumes, first of all, that there is only one type of business in the
District — to build speculative, new projects. It overlooks existing businesses and small
businesses, and the simple fact that environmental quality is important to everyone —
businesses, too. Dirty rivers, gridlocked streets, and smelly trash transfer stations make
for a bad business climate.

Thirty years experience under state and federal NEPA laws has shown that time
and again an EIS results in mutually beneficial modifications enhancing both project and
community. The only business that may be discouraged by our
"little NEPA"
law is one whose activities pose serious environmental and public health hazards —
precisely the circumstances where full environmental disclosure is necessary.

Not only would the proposed Title VII of Bill 12-458 be a great leap
backward, but it would be absurd.
"Environmental effects reports" would be required
only of actions involving Council legislation, with no analysis of alternatives. Thus, a
detailed environmental impact analysis would be required before the Council could
establish a new park, but no such analysis would take place before a private developer
builds, say, an industrial waste processing facility.

There is no good substitute for our current law. It must not be repealed.
Therefore, we urge that Title VII of Bill 12-458, the
"Omnibus Regulatory
Reform Amendment Act of 1997,
" not be adopted. We thank you, Councilmember Thomas, for holding
this hearing. 

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