40 CFR 1507.3 - Agency procedures
| Cite as | 40 CFR 1507.3 |
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327 practice notes
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Part V
...process as possible. EPA's NEPA implementing regulations will be amended in consultation with the Council on Environmental Quality (see 40 CFR 1507.3(a)). The second purpose of today's proposed rule is to make minor, technical amendments to Subpart D, ``Assessing the Environmental Effects A......
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Part II
...Service is proposing to move existing agency NEPA procedures, required by the Council on Environmental Quality (CEQ) and codified at 40 CFR 1507.3, from the internal Forest Environmental Policy and Procedures Handbook (FSH) 1909.15 to the Code of Federal Regulations (CFR) at 36 CFR part 220......
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Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning
...that normally require preparation of an Environmental Assessment, and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). This proposed action qualifies for categorical exclusions under 23 CFR 771.117(c)(20) (promulgation of rules, regulations, and directives)......
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Right-of-Way and Real Estate
...that normally require preparation of an environmental assessment; and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). The proposed action is the adoption of regulations that provide the policies, procedures, and requirements for acquisition, management, an......
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100 cases
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Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
...identifying “[s]pecific criteria for and identification of those typical classes of action” that require or do not require an EIS. 40 C.F.R. § 1507.3(b)(2). In considering any particular proposed action, an agency must first determine whether, under its own regulations, the proposal would “......
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Wildlaw v. U.S. Forest Service, Civil Action No. 2:03cv682-MHT (WO).
...do not expressly state that the agency must follow the same procedures in adopting a CE as it would in taking any other action. See 40 C.F.R. § 1507.3. The absence of any express statement in § 1507.3, which is otherwise quite detailed, could be taken to imply that the adoption of new CEs i......
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Citizens' Committee v. U.S. Forest Service, No. 01-4082.
...to individual agencies the responsibility for defining what type of actions may be categorically excluded from NEPA review.7 See 40 C.F.R. § 1507.3(b)(2)(ii) (requiring agencies to set "[s]pecific criteria" for what actions "normally do not require either an environmental impact statement o......
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Sierra Club v. Bosworth, No. 05-16989.
...categories of actions which do not individually or cumulatively have a significant effect on the human environment." Id. (citing 40 C.F.R. §§ 1507.3(b)(2)(ii), 1508.4). The CE procedures developed by agencies "shall provide for extraordinary circumstances in which a normally excluded action......
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16 firm's commentaries
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CBD v. Salazar And The Way Forward For Fracking In Federal Minerals
...qualify for a Categorical Exclusion under NEPA, but that does not exempt the APD from compliance with other laws. See 40 C.F.R. §§ 1508.4, 1507.3(b)(2); see also Energy Policy Act of 2005, 42 U.S.C. § 15942 (establishing five statutory categorical exclusions for oil and gas The CBD v. BLM D......
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November Environmental Action News
...of “reasonable alternatives” (40 CFR 1508.1(z)); Remove limitations on agency NEPA procedures for implementing CEQ’s NEPA Regulations (40 CFR 1507.3); and Return to the definitions of “effects” in the prior, longstanding 1978 NEPA Regulations (40 CFR 1508.1(g)). The Council on Environmental......
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The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
...CEQ will revise 40 C.F.R. § 1502.13, restoring detailed “purpose and need statements” in environmental impact statements (“EIS”); 40 C.F.R. § 1507.3, removing language that could be construed to limit local governmental agencies flexibility to develop and revise NEPA procedures to implement......
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The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
...CEQ will revise 40 C.F.R. § 1502.13, restoring detailed “purpose and need statements” in environmental impact statements (“EIS”); 40 C.F.R. § 1507.3, removing language that could be construed to limit local governmental agencies flexibility to develop and revise NEPA procedures to implement......
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2 books & journal articles
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Administering the National Environmental Policy Act
...including the Attorney General, and probably the president as well. See United States v. Nixon, 418 U.S. 683, 694-97 (1974). 427. See 40 C.F.R. §§1507.3(a)-(b), 428. Interestingly, in Concerned About Trident v. Rumsfeld , 555 F.2d 817, 6 ELR 20787 (D.C. Cir. 1976), the Navy argued that NEPA......
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The Trump Card: Tarnishing Planning, Democracy, and the Environment
...counterpart regulations, adapting the CEQ framework to its own activities.”). 77. 85 Fed. Reg. at 1713 (proposed §1500.3(a)). Compare 40 C.F.R. §1507.3 (2019) (imposing no such prohibition). 78. See 85 Fed. Reg. at 1703 (claiming that the proposed provisions governing the submission of comm......