40 CFR 1502.14 - Alternatives including the proposed action
| Cite as | 40 CFR 1502.14 |
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819 practice notes
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Part II
...effects, and will balance the factors accordingly. CEQ regulations state that consideration of alternatives is the ``heart'' of an EIS. 40 CFR 1502.14. However, under CEQ NHTSA is not required to include every conceivable ``alternative'' in an EIS. Rather, an agency is to consider ``reasona......
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Surface Transportation Project Delivery Program Application Requirements
...requirement for lead agencies to consider, in some circumstances, reasonable alternatives that would be outside their jurisdiction (40 CFR 1502.14(c)). Participating States would be expected to consider alternatives, whenever appropriate and reasonable, that meet the purpose and need for th......
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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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Procedures for Considering Environmental Impacts
...EIS must briefly describe the underlying purpose and need for the proposed action. (40 CFR 1502.13). (2) Alternatives. Consistent with 40 CFR 1502.14 and 1508.1(z), the OA must evaluate reasonable alternatives, including the proposed action and the no action alternative, and a reasonable ra......
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659 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 Agri., No. 01-CV-860B.
...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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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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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
...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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2 books & journal articles
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Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
...479 (5th Cir. 2016); see National Environmental Policy Act of 1969, 42 U.S.C. § 4332(2)(C). 44. Markle Interests, 827 F.3d at 479. 45. 40 C.F.R. § 1502.14 (2016). 46. Id. § 1502.25 (requiring an EIS to comply with specific statutes which further require the EIS to include impacts to threate......
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Endnotes
...identification and examination of alternative methods Spring/Summer 2018 43 to satisfy the potential action’s purpose and need (see 40 C.F.R. § 1502.14 (2018)), including preferred alternatives (see 40 C.F.R. § 1502.14(e)) (2018)); and the “full range of direct, indirect and cumulative effe......
149 provisions
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Part II
...effects, and will balance the factors accordingly. CEQ regulations state that consideration of alternatives is the ``heart'' of an EIS. 40 CFR 1502.14. However, under CEQ NHTSA is not required to include every conceivable ``alternative'' in an EIS. Rather, an agency is to consider ``reasona......
-
Surface Transportation Project Delivery Program Application Requirements
...requirement for lead agencies to consider, in some circumstances, reasonable alternatives that would be outside their jurisdiction (40 CFR 1502.14(c)). Participating States would be expected to consider alternatives, whenever appropriate and reasonable, that meet the purpose and need for th......
-
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......
-
Procedures for Considering Environmental Impacts
...EIS must briefly describe the underlying purpose and need for the proposed action. (40 CFR 1502.13). (2) Alternatives. Consistent with 40 CFR 1502.14 and 1508.1(z), the OA must evaluate reasonable alternatives, including the proposed action and the no action alternative, and a reasonable ra......
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