OPA '90 at Ten
2016
the only factor. Proximity should not in and of itself be irrebuttably presumed to mean that the project will have a negative impact. The Select Steel matter is precedent for paying attention to actual impacts. In re Select Steel, U.S. EPA No. 5R-98-R5 (Oct. 30, 1998). All of this comes down to balancing. Society is trying to simultaneously meet several competing objectives. The need to protect natural areas and the need to provide environmental justice both can be served if governmental decision-makers have the flexibility to adjust rules to particular circumstances, and if they have the full information needed to recognize when such adjustment is warranted. Giving all interest groups an automatic veto makes it impossible to achieve the needed balance.
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