The influence of incomplete or unavailable information on environmental impact assessment in the USA

One of the more common activities of environmental scientists in the United States is the preparation of environmental assessments or environmental impact statements in response to the mandates of the National Environmental Policy Act. The central thesis of this paper revolves around a frequent dilemma those scientists face: how to proceed with the environmental impact analysis when information on potential impacts is incomplete or unavailable. The paper examines how the “hard look” standard that U.S. courts have imposed upon agencies considering proposed actions came about. Further, U.S. courts have said agencies cannot make arbitrary and capricious decisions when deciding to build a project, implement a plan, issue a permit or other give other approvals, and this paper discusses how the courts have defined what arbitrary and capricious decision are, especially when decisions are made when information about impacts is incomplete or unavailable. The paper examines why agencies win or lose lawsuits filed against the environmental assessments or environmental impact statements they write, focusing on those cases that have occurred after the Supreme Court ruled on the issue in 1989. The paper suggests recommendations to environmental scientists faced with incomplete or unavailable information when preparing an environmental assessment or environmental impact statement in the U.S.