40 CFR 1502.14 - Alternatives including the proposed action
| Cite as | 40 CFR 1502.14 |
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849 practice notes
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Part III
...what is the meaning of the term ``alternatives''? This Appendix uses the term ``alternatives'' as specified in the NEPA regulations (40 CFR 1502.14), where it is defined in its broadest sense to include everything from major modal alternatives and location alternatives to minor design chang......
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Planning assistance and standards:
Statewide and metropolitan transportation planning,
...what is the meaning of the term ``alternatives''? This Appendix uses the term ``alternatives'' as specified in the NEPA regulations (40 CFR 1502.14), where it is defined in its broadest sense to include everything from major modal alternatives and location alternatives to minor design chang......
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Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning
...what is the meaning of the term ``alternatives''? This Appendix uses the term ``alternatives'' as specified in the NEPA regulations (40 CFR 1502.14), where it is defined in its broadest sense to include everything from major modal alternatives and location alternatives to minor design chang......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...of the NEPA process, including scoping (40 CFR 1501.7), identification of the range of reasonable alternatives for study in an EIS (40 CFR 1502.14), and the public comment process (40 CFR part \47\ For covered projects, section 4370m-4 authorizes lead agencies to adopt or incorporate by ref......
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675 cases
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...impact statement of measures to mitigate environmental consequences “not already included in the proposed action or alternatives.” 40 C.F.R. § 1502.14(f); 40 C.F.R. § 1502.16(h); 40 C.F.R. § 1508.25(b)(3). Under 40 C.F.R. § 1505.2(c), “A monitoring and enforcement program shall be adopted a......
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...that would serve the overall purpose of the proposed activity as defined by COE (i.e., overall purpose of the 1.86 mile section). See 40 C.F.R. § 1502.14, 33 C.F.R. Pt. 325, App. B ¶ 7(b). Because Plaintiff frames that argument in terms of the proper scope of the EA, and to avoid unnecessar......
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Wyoming v. U.S. Dept. of Agriculture, No. 07-CV-17-B.
...agency to rigorously explore and objectively evaluate reasonable alternatives to its proposed action. 42 U.S.C. § 4332(C)(iii); 40 C.F.R. § 1502.14(a); Utahns for Better Transp., 305 F.3d at 1166. The requisite level of detail and the number of alternatives an agency must consider depends o......
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Soda Mountain Wilderness Council v. Norton, No. CIVS042583LKKCMK.
...O'Neill, 386 F.3d 1186, 1207 (9th Cir.2004) ("The alternatives section is the heart of the environmental impact statement.'" (quoting 40 C.F.R. § 1502.14)). By examining both the environmental impacts of the desired path and the impacts of other reasonable alternatives, NEPA enables an agen......
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8 firm's commentaries
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Briefing Paper on BLM's July 24, 2018 Instruction Memorandum Related to Compensatory Mitigation (IM 2018-093)
...detail. . . . The EIS's discussion of mitigation is more than adequate under NEPA.”) 14 40 CFR 1508.20 (emphasis added). 15 40 CFR 1502.14(f); see also, 40 CFR 1502.16(h) (Environmental Consequences “shall include discussions of: . . . Means to mitigate adverse environmental impacts (if not......
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Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)
...alternative because it did not meet objectives of highway project which was to relieve traffic congestion on existing highway.32 21 40 C.F.R. § 1502.14(a), (e). 22 California v. Block, 690 F.2d 753, 767 (9th Cir. 1982) 23 Westlands Water Dist. V. U.S. Dep’t of the Interior, 376 F.3d 853, 86......
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NEPA Revised Draft Guidance on Consideration of GHG Emissions: Version 2.0 - Proposal Requires Federal Agencies to Assess GHG and Climate Change Impacts and Encourages Substantive GHG Reductions Under the National Environmental Policy Act
...NEPA, agencies are required to consider a reasonable range of alternatives consistent with the purpose and need of the proposed project (40 CFR 1502.14). Mitigation and monitoring is not required (Robertson v. Methow Valley Citizens Council, 490 U.S. 332, (1989)). Where it would be useful t......
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NEPA in Flux: White House Expected to Propose Sweeping Changes to Federal Environmental Review and Permitting Processes to Promote Infrastructure Projects
...on these matters, please contact the attorneys listed above. [1] Draft document, p. 1. [2] 42 U.S.C. 4321; 40 C.F.R. 1500.1. [3] 40 C.F.R. 1502.14(c). [4] Draft document, p. [5] Id., p. 8 [View source.] Megan A. Jennings...
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15 books & journal articles
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Practicable Alternatives for Wetlands Development Under the Clean Water Act
...22 ELR 21337 (1st Cir. 1992) (Corps can rely on supplemental im-pact statement when doing practicable alternatives analysis).72. 40 C.F.R. §1502.14(a) (2018).Copyright © 2018 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 48 ELR 10900 ......
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Federal Wetlands Law Permits Under §404
...see also 33 C.F.R. §320(r) (mitigation as part of public interest review). 436. 40 C.F.R. §230.10(d). 437. 40 C.F.R. §§1500.2(f), 1502.14(f) (2008). 438. CEQ, Appropriate Use of Mitigation and Monitoring and Clarifying the Appropriate Use of Mitigated Findings of No Signiicant Impact (2011)......
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Statutory and Regulatory Citations
...judgment in deining the purpose and need for the project from both the applicant’s and the public’s perspective. (5) Alternatives . See 40 CFR 1502.14. he Corps is neither an opponent nor a proponent of the applicant’s proposal; therefore, the applicant’s inal proposal will be identiied as ......
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Planning for the Effects of Climate Change on Natural Resources
...20. Id . 21. Id . at 22. 22. 40 C.F.R. §1502.15 (2016). 23. 40 C.F.R. §§1508.7, 1508.8 (2016). 24. 42 U.S.C. §4332(2)(C)(i)-(iii); 40 C.F.R. §§1502.14, 1502.16, 1508.20 (2016). 25. 40 C.F.R. §1502.13 (2016). 26. 42 U.S.C. §4332(2)(C)(iv), (v). a project aimed at conserving these types of re......
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