Mixed Deck — All CPP Topics Flashcards

What is the role of a Tribal Historic Preservation Officer (THPO) in US permitting?

Answer: To consult on impacts to tribal cultural and historic properties under Section 106

THPOs serve as the tribal counterpart to SHPOs in Section 106 consultation, ensuring that impacts to tribal historic properties and cultural resources are considered in federal undertakings.

Which approach to public participation involves forming a representative group of stakeholders to meet regularly and help shape a project or policy?

Answer: Advisory committee or stakeholder working group

Advisory committees and stakeholder working groups provide ongoing structured participation where diverse interests collaboratively inform permit decisions.

What is the 'Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)' most commonly known as, and when does it affect permitting?

Answer: Superfund; it affects permitting when a project site has or may have contamination requiring cleanup or when acquiring potentially contaminated property

CERCLA (Superfund) imposes strict, joint, and several liability for hazardous substance cleanup; permitting professionals must assess Superfund liability when siting projects on or near contaminated properties.

In conducting site due diligence, what is a 'regulatory database search' designed to reveal?

Answer: Properties listed on federal and state environmental databases as contaminated or regulated sites near the subject property

Regulatory database searches identify properties listed on EPA, state, and local databases (Superfund, RCRA, UST, leaking underground storage tank lists) near the subject property that could indicate contamination concerns.

What is a 'hard look' requirement as it applies to public comments?

Answer: An agency must genuinely consider and respond to substantive public comments

Courts require agencies to take a 'hard look' at environmental impacts and meaningfully respond to substantive public comments rather than dismiss them.

What is a 'development agreement' between a local government and a developer?

Answer: A contract that vests development rights and specifies obligations for both parties over a set period

A development agreement is a negotiated contract that locks in land use regulations for a project over time, providing the developer certainty while the jurisdiction secures commitments for infrastructure and community benefits.

What is the 'Section 10/404 combined permit' process used for?

Answer: Streamlining permits for structures in navigable waters (Section 10, Rivers and Harbors Act) and wetland fill (Section 404, Clean Water Act) into a single review

When a project requires both a Section 10 (navigable water) and Section 404 (fill) permit from the Corps of Engineers, a combined application and joint notice streamlines the review.

Which stakeholder group is typically given formal 'consulting' status under Section 7 of the Endangered Species Act?

Answer: U.S. Fish and Wildlife Service and/or NOAA Fisheries

Section 7 consultation requires federal action agencies to consult with USFWS and/or NOAA Fisheries to ensure actions don't jeopardize listed species or critical habitat.

What is the role of an 'Underground Injection Control (UIC) permit' under the Safe Drinking Water Act?

Answer: To regulate the injection of fluids underground to protect underground sources of drinking water

UIC permits under SDWA regulate injection wells to prevent contamination of underground sources of drinking water (USDWs) used for public water supply.

What is the PRIMARY purpose of financial planning & analysis in permitting?

Answer: Ensuring compliance with standards

Primary purpose is compliance.

What is a variance in the context of permitting?

Answer: It is an exception granted when the project cannot meet zoning requirements

In permitting, a variance is an official exception granted when a proposed project cannot strictly adhere to existing zoning requirements due to unique circumstances. It allows a deviation from the standard rules, provided the project still meets the spirit and intent of the zoning ordinance and does not negatively impact the surrounding community. Variances are typically granted after a thorough review and public hearing.

Which federal statute governs environmental review and permitting for transmission lines crossing federal lands?

Answer: Federal Land Policy and Management Act (FLPMA) and NEPA together govern rights-of-way on federal lands

FLPMA authorizes BLM to grant rights-of-way on federal lands, while NEPA requires environmental review; together they govern federal land transmission line permitting.

Why is public consultation important in the EIA process?

Answer: To gather input from stakeholders and the affected community

Public consultation is important in the EIA process to gather input from stakeholders and the affected community. It ensures transparency, allows for local knowledge and concerns to be considered, and fosters public acceptance or identifies potential conflicts early on. Engaging the public helps create a more robust and socially acceptable project plan.

Which federal law requires federal agencies to involve the public in decisions that affect the environment?

Answer: National Environmental Policy Act (NEPA)

NEPA mandates public participation through comment periods and public hearings for major federal actions affecting the environment.

What is a 'crossing permit' in the context of rail or highway infrastructure?

Answer: A permit from a railroad or highway authority authorizing utilities or other infrastructure to cross under, over, or through their right-of-way

Utilities and pipeline operators must obtain crossing permits from railroad companies (under federal regulations) or highway agencies when their infrastructure crosses an existing ROW.

Which approach is most effective when engaging communities that have historically distrusted government agencies?

Answer: Early, consistent, and transparent engagement with trusted community intermediaries

Working through trusted local organizations and leaders helps bridge distrust gaps, while early and transparent engagement demonstrates good faith before decisions are made.

What should be included in an EIA report?

Answer: A detailed analysis of the environmental impacts and mitigation strategies

An EIA report should include a detailed analysis of the environmental impacts and proposed mitigation strategies. This involves identifying potential adverse effects, quantifying them where possible, and outlining specific measures to prevent, reduce, or offset these impacts. The report also typically includes an assessment of alternatives and a monitoring plan.

What is the 'substantially advances' test historically used to evaluate land use regulations?

Answer: Whether a land use condition substantially advances a legitimate government interest, evaluated under prior takings jurisprudence before Lingle v. Chevron

The 'substantially advances' test from Agins v. City of Tiburon was later rejected by the Supreme Court in Lingle v. Chevron (2005) as a takings test, clarifying that it is a due process, not takings, inquiry.

What is the purpose of a 'geophysical survey' during site investigation?

Answer: To detect subsurface features like buried tanks, utilities, or debris using non-invasive methods

Geophysical methods like ground-penetrating radar (GPR) and electromagnetic induction (EMI) detect subsurface anomalies without drilling, helping locate buried tanks, drums, utilities, or fill areas before sampling.

In stakeholder mapping, which group is classified as having HIGH interest but LOW influence?

Answer: Affected community residents

Affected community residents typically have high interest in project outcomes but limited power to directly control decisions, making targeted engagement and transparent communication especially important for this group.