Frequently Asked Questions

Question: Who can participate in the LEARN process?
Answer: Any citizens and their elected local government. Local government includes organized counties, cities, townships, school boards, water districts and so forth. They must be elected by the citizens of their jurisdictions so they are accountable to those citizens. The elected local government has the legal standing with the federal agencies. The second part of the answer is that the elected local government must work with a broad-based citizen's committee. They represent the citizens of that community in defining the culture, customs and economy (community stability) of the community. It becomes an exercise in self-governance. The citizen's committee makes recommendations, attends meetings, and writes plans while the elected officials have the final vote on what is accepted as policy for their jurisdiction. Learn More
Question: Does the local government have to get permission from the state to become a cooperating agency with the federal government?
Answer: No. The authority is given by federal law inviting the local government to participate in the federal decision-making process. The local government has to be a legally organized elected government by state law. Although none are known at this time, there may be a few states that have passed laws forbidding local governments from participating with federal agencies. If so, the laws may be open to a state constitutional challenge. Learn More
Question: LEARN seems to be very complicated and overwhelming. Is it something that a local government can undertake with the help of its citizens?
Answer: LEARN is much more straight forward and simple in its concept than it appears upon first review. It seems complicated because of all the details that must be addressed. However, the process is simple and the details are not overwhelming if they are undertaken step-by-step. The tendency is to jump into the process without first learning it. That is usually a mistake because dozens of questions arise that appear overwhelming. First, learn the general process by reviewing the "How LEARN Works" and "Getting Started" sections. By doing so, a framework of understanding is built to which details can be added as they arise. Finally, use the workbook to move step by step through the process. Learn More
Question: How does the LEARN process differ from public comments on a federal plan (EIS or EA)?
Answer: All federal environmental laws require public comment on their plans, environmental impact statements or environmental assessments. The federal agencies can, and often do ignore these comments. However, these same laws also require federal agencies to accept local governments as cooperating agencies, which gives the local government joint standing with the federal agencies in the scoping process. This involves joint decisions on what research is needed, joint decisions on what options to include and how they are worded, and joint public hearings. In some cases, the local government can be involved in making the final decision of which EIS (Environmental Impact Statement) or EA (Environmental Assessment) option to include in the plan. Learn More
Question: How does LEARN work?
Answer: LEARN uses existing federal law that requires federal agencies to cooperate with local governments. As noted above, once the local government attains a cooperating agency status, it is equal partners with the federal agencies in deciding how the law will be applied within their local community. As a cooperating agency, the local government may or may not be involved in making the final decisions. The local government exerts tremendous pressure on the federal agency through developing their own local plan to protect the environment and the community's custom, culture and economy. The federal agency must include the local plan in the federal EIS. If the federal agency decides to override the local plan it must explain why with defensible science and find a means to mitigate the damage done to the local community. Learn More
Question: How does the local government ask a federal agency to become a cooperating agency?
Answer: The local government must send a certified or registered letter to the federal agency it wants to cooperate with. If there is more than one agency, a separate letter must be sent to each agency. The letter must request that the local government become a cooperating agency with the federal agency and cite the appropriate section of the law allowing the local government to do so. These laws are provided by LEARN. Learn More
Question: My state (or county) agencies are as much of a problem as the federal agencies. Does LEARN apply to these local agencies?
Answer: Although the NEPA (National Environmental Protection Act) process is usually for federal agencies, state and counties almost always come under its requirements. Ironically, any state or county that receives federal funding for a environmental project or planning must follow the NEPA process and therefore comes under the same requirements as any federal agency. However, there must be a nexus or direct connection between the federal funding and the state or county plan/regulation being imposed upon the local government. This nexus exists for almost every state or county project in America. Learn More

Question: Environmentalists often accuse conservatives of being anti-environment in their pro-business positions. Will the LEARN process help remove this stigma?
Answer: Yes! LEARN is truly the first win-win solution to the environment vs. jobs controversy that has plagued the environmental movement since its inception in the 1960s. The purpose of LEARN is not to avoid environmental responsibility, but to find environmental solutions without harming the custom, culture or economy of the local community. LEARN helps focus the creative juices of local citizens to determine the true environmental problems in their community and then develop solutions specifically targeted to the problem, not the one-size fits all solutions that often come from the federal government or environmental organizations. Local involvement has been so successful that the President's Council on Environmental Quality has issued a memorandum to all federal agencies that they should actively seek involvement by local governments. Communities that have already used the LEARN approach have shown that true environmentalists, government officials, local people and property rights advocates can learn to work together using the LEARN method! Learn More
Question: Environmentalists often claim that property rights must be controlled by the government in order to protect the environment. Why does the LEARN process seek to protect private property rights?

Answer: Although few people realize it, strong property rights do more to protect the environment than harm it. Almost all pollution in America has occurred on public land, air and water, not private property. Property rights are the most important of all civil liberties. It might surprise the reader, but all other civil liberties depend on them. The tyranny that existed in the former Soviet Union exemplifies the power of the state to control housing and business if citizens do not have strong property rights. More recent global studies have determined that private property rights are perhaps the greatest single factor in creating personal and national wealth. Although tyranny and government corruption can prevent or destroy wealth, their absence does not permit wealth creation. Within the proper legal framework, property rights are the only way the average citizen can obtain the equity needed for capital expansion and therefore wealth creation. Only wealthy nations can afford to protect their environment. Learn More

Question: Should property rights be absolute and without any constraint by government?
Answer: No. Although the Declaration of Independence and the U.S. Constitution were based on the need for protecting property rights, property rights must be partially constrained. Property rights bring power to the owner. That owner must be constrained from using that power to harm another individual or their property. A property owner has never had the right to dump his trash on his neighbors land or water. Nor can a property owner do something on his land that denies his neighbors the use of their land. Until the 1960s laws regulating the use of property were designed to maximize the beneficial use of all property owners, in part by protecting them from each other. Since the 1960s laws began to control private property for a host of perceived social goods that, while providing a temporary benefit in the short term, cause long-term damage to the economy and the environment of the community or nation. Learn More (Note: this link provides a very thorough discussion of private property rights; their benefits and limitations)
Question: The Endangered Species Act does not seem to have the same language that requires federal agencies to include local governments as cooperating agencies as do other federal environmental laws. Can local government participate with the U.S. Fish and Wildlife Service (USFWS) in defining critical habitat for an endangered species?

Answer: Yes. Although the ESA is not as clear on participation by local government as other laws, Commission of Catron County v. U.S.F.W.S., 75 F.3d 1429 (10th Cir. 1996) clearly established that the USFWS is required to complete full NEPA documentation when designating critical habitat. Learn More

Question: How do we get started?
Answer: The first step is for key citizen leaders in your community to invite 25-35 potentially interested people from all walks of life, including constructive environmentalists, to attend an organizational meeting. From this group select 12-20 people who would be committed to spending the time (a few hours a week to a few hours a month--depending on how fast the process must move) to working with the local officials and federal agencies and building a resource plan. Keep the elected officials informed of what you are trying to do so they are not surprised when you request a resolution at their regularly scheduled meeting. The elected government then accepts the resource committee by resolution and writes the appropriate federal (or state) agency that the local government wants to be a cooperating agency. There may be more than one agency to write. If it is a state or county agency, the funding nexus must be included to show them they must follow NEPA regulations. The resource committee can simultaneously begin writing the resource plan or policy. Learn More

Do you have a question that is not asked or answered above? Write your question out and send it to LEARN@learn-usa.org and we will attempt to answer it.

Last Updated 05/30/2007