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S.F. No. 42 - Environmental Permitting - Judiciary Issues
 
Author: Senator Bill Ingebrigtsen
 
Prepared By:
 
Date: February 3, 2011



 

Article 1, section 7, allows a project proposer to prepare a draft environment impact statement for a project for submission to and review, modification, and determination of completeness and adequacy by the responsible government unit.  A draft must identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the draft.  The responsible government unit must require additional studies, if needed, and obtain additional studies and information from the project proposer necessary for the government unit to perform its responsibility to review, modify, and determine the completeness and adequacy of the environmental impact statement. 

Article 1, section 9, modifies the procedures for judicial review of decisions regarding the need for an environmental assessment worksheet, the need for an environmental impact statement, and the adequacy of an environmental impact statement.  Current law provides that these decisions may be reviewed by a declaratory judgment action in the district court of the county where the proposed action or any part of it would be undertaken.  This section provides that these decisions would be subject to review by the Court of Appeals, rather than the district court.

 

 

 
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