40 C.F.R. §93.153 - Applicability
| Cite as | 40 C.F.R. §93.153 |
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37 cases
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Stand Up for Cal. v. U.S. Dep't of the Interior, Case no. 2:16-CV-02681-AWI-EPG
...is "a rulemaking or administrative action" that is exempt from the scope of the conformity requirements. Doc. 41 at 36 (citing 40 C.F.R. § 93.153(c)(2)(iii) ).The Court agrees that the Secretary lacks sufficient control over the prescribing of gaming procedures to be able to make modificati......
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Sierra Club v. U.S. Army Corps of Engineers, Civil Action No. 05-1724 (JAP).
...under this permit will not exceed de minimis levels of direct emissions of a criteria pollutant or its precursors and are exempted under 40 CFR 93.153." (Id.). Further, the Army Corps cited analysis NJTPA in determining that "the Xanadu Project will not have a significant indirect or cumula......
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Stand Up for California v. U.S. Dep't of Interior
...and require a conformity determination before any federal action that will cause emissions that equal or exceed those rates. 40 C.F.R. § 93.153(b).The dispute at hand relies on a simple set of facts and closely tracks the NEPA dispute. The Madera Parcel is located in the San Joaquin Valley ......
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City of Olmsted Falls, Oh v. F.A.A., 00-1548.
...Plan will not exceed the 100 tons NOx per year de minimis threshold established by the Environmental Protection Agency ("EPA"). See 40 C.F.R. § 93.153. Second, arguing that the FAA failed to consider adequately the water quality impacts of the CLE improvement Plan, Olmsted Falls challenges ......
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2 firm's commentaries
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US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
...U.S. 715 (2006). 33 U.S.C. § 1365(a)(1). 42 U.S.C. § 7506(c)(1). Id. at (c)(1)(A), (B). 40 C.F.R. § 93.102 (b)(1). 40 C.F.R. § 93.116. 40 C.F.R. § 93.153. Audubon Naturalist Society of the Central Atlantic States v. US DOT, 524 F. Supp. 2d 642 (D. Md. 2007); Conservation Law Foundation, Inc......
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D.C. Circuit Court of Appeals Decides Against Challenge to East Coast Airspace Redesign
...that the fuel burn analysis failed to show the redesign will reduce emissions in all relevant nonattainment and maintenance areas, see 40 C.F.R. 93.153(b), but that argument is not properly before us because the petitioners failed to raise it until their reply brief, Sitka Sound Seafoods, I......