Federal agencies involved in response and recovery actions in the aftermath of disasters must comply with the various environmental planning laws, executive orders, and regulations, such as review under the National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Order 11988: Floodplain Management. Many of these have provisions to address exigencies such as emergencies, disaster declarations, and related response and recovery actions. However, a careful reading of over 20 of these environmental planning requirements shows that the emergency provisions are not aligned and some may be very limited in scope. Experience within the Federal Emergency Management Agency shows that this patchwork of provisions can create inconsistencies and frustration during the recovery process of major disasters. This article provides a brief evaluation of these provisions, provides a discussion of the challenges in applying the various provisions, and encourages the start of a dialogue at the federal level by providing strategies to improve consistency among these provisions in light of the various ongoing efforts associated with recovery processes in the aftermath of disasters.
Environmental Practice 12:237–246 (2010)