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Feds say they lack jurisdiction to intercede on proposed landfill Print
Written by Dee Holzel   
Thursday, March 25 2010 03:30

WINNEMUCCA —  A request from anti-garbage forces to have the federal government step in and complete an EIS (Environmental Impact Statement) for the proposed Jungo Rd. landfill was denied in a letter from the Environmental Protection Agency dated March 15.

The request for intervention came in a letter to the EPA from members of Nevadans Against Garbage (NAG) who requested agencies of the federal government conduct a full EIS of the project under the authority of the National Environmental Policy Act (NEPA). 

Responding to the NAG request was Jeff Scott, Division Director, Waste Management Division, US EPA Region 9, who outlined the role of the federal government and the role of state government in the waste permitting process – with special regard to the fact the proposed landfill is slated to be constructed on private property.

"NEPA is triggered only by federal actions and does not apply to actions undertaken by state or local agencies," Scott notes.  "...there is no pending EPA action which would trigger any NEPA responsibility for our agency."

Landfill permitting falls under the jurisdiction of the State of Nevada, not the federal EPA, the letter notes.  The matter will remain under the jurisdiction of the Nevada Department of Environmental Protection (NDEP); however, Scott did note if another agency opted to complete an EIS the EPA would be responsible for reviewing the completed document.

As for the wildlife concerns, Scott wrote, the Nevada Department of Wildlife (NDOW) may review and provide comments on wildlife issues related to the construction or operation of the landfill.

Page 2:  Letter from EPA to NAG

Page 3:  Letter from NAG to EPA

For more information on this topic:

Nevadans Against Garbage seek federal intervention



 
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