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Ann: BLM Issues Draft Environmental Impact Statement, page-3

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  1. 872 Posts.
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    Here’s some perspective via ChatGPT - Draft EIS looks very thorough to me unsurprisingly.

    ”The specific issue of how much undisturbed land is required around a protected plant like Tiehm's Buckwheat in NEPA litigation hasn't been addressed with a uniform standard across cases. The decisions vary depending on the particular circumstances of each case, including the biological needs of the species, the extent of the proposed project's impact, and the effectiveness of proposed mitigation measures.

    Generally, NEPA litigation emphasizes the thoroughness of the environmental review process rather than setting explicit thresholds such as exact buffer zones around protected species. Under NEPA, federal agencies are required to rigorously explore and objectively evaluate all reasonable alternatives, and to involve the public in the decision-making process. Courts reviewing NEPA cases often focus on whether the agency has taken a "hard look" at the potential environmental impacts and whether the Environmental Impact Statement (EIS) adequately discusses the direct, indirect, and cumulative impacts of the proposed action [oai_citation:1,Smart 404](https://crsreports.congress.gov/product/pdf/IF/IF11932) [oai_citation:2,NEPA Litigation Update | Environmental Law and Policy Monitor](https://www.environmentallawandpolicy.com/2021/06/nepa-litigation-update/).

    In situations involving unique habitats and sensitive species, the EIS should include detailed considerations of all impacts and mitigation strategies. The courts have generally required detailed justification for the chosen action, especially when it potentially affects endangered species or critical habitats. The adequacy of mitigation measures and the scientific validity of the environmental analysis are common focal points in these litigations [oai_citation:3,NEPA Litigation Update | Environmental Law and Policy Monitor](https://www.environmentallawandpolicy.com/2021/06/nepa-litigation-update/) [oai_citation:4,National Environmental Policy Act Review Process | US EPA](https:
    //www.epa.gov/nepa/national-environmental-policy-act-review-process). “

 
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