Environmental Reviews and Case Studies: A Method for Preparing for and Executing Conflict of Interest Assessments

Abstract

National Environmental Policy Act (NEPA) regulations stipulate that when an agency opts to have a private contractor prepare an environmental impact statement, contractor selection should be conducted in such a way as to avoid conflicts of interest (COIs) that might adversely affect the integrity of the NEPA process. The goal is to ensure an unbiased, credible, and defensible environmental impact statement that supports public and transparent decision making. The contractor is responsible for executing a COI disclosure statement prepared by the agency, stating that the contractor has “no financial or other interest” in the outcome of the project. Because determining freedom from COIs after the fact may be difficult, private NEPA contractors should proactively collect information that supports a broad COI analysis of all aspects of their business models, taking into consideration requirements from other regulations that may govern a specific contractor/agency relationship.Environmental Practice 12:168–174 (2010)