The National Environmental Policy Act (NEPA) requires all federal agencies to consider the environmental impact of a proposed action as well as whether any alternatives exist, prior to obligating funds and beginning work. Proceeding with permanent work before FEMA completes EHP reviews jeopardizes PA funding. The Applicant did not afford FEMA the opportunity to comply with NEPA prior to beginning the work. FEMA is therefore unable to determine that the project complies with EHP laws, regulations, and executive orders (EOs).

The Applicant did not afford FEMA the opportunity to comply with NEPA prior to beginning work, preventing the agency from determining that the project complied with EHP statutes, regulations, EOs and policies. Therefore, the appeal is denied.

44 C.F.R. §10.8. National Environmental Policy Act § 4332. PA Guide, at 125-140. Columbus Regional Hospital v. FEMA, 708 F.3d 893. Kershaw (County), FEMA-4241-DR-SC, at 5. Town of Killington, FEMA-4022-DR-VT, at 3-4.