40 CFR 1507.3 - Agency procedures

Cite as40 CFR 1507.3
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330 practice notes
100 cases
  • Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 29, 2012
    ...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 “......
  • Wildlaw v. U.S. Forest Service, Civil Action No. 2:03cv682-MHT (WO).
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 26, 2007
    ...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......
  • Citizens' Committee v. U.S. Forest Service, No. 01-4082.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 23, 2002
    ...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......
  • Sierra Club v. Bosworth, No. 05-16989.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 5, 2007
    ...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
  • CBD v. Salazar And The Way Forward For Fracking In Federal Minerals
    • United States
    • JD Supra United States
    • April 18, 2013
    ...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......
  • November Environmental Action News
    • United States
    • LexBlog United States
    • November 22, 2021
    ...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......
  • The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
    • United States
    • LexBlog United States
    • May 17, 2022
    ...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......
  • The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
    • United States
    • LexBlog United States
    • May 17, 2022
    ...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
  • Administering the National Environmental Policy Act
    • United States
    • Environmental Law Reporter Nbr. 45-4, April 2015
    • April 1, 2015
    ...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......
  • The Trump Card: Tarnishing Planning, Democracy, and the Environment
    • United States
    • Environmental Law Reporter Nbr. 50-4, April 2020
    • April 1, 2020
    ...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......

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