40 CFR 1508.4 - Categorical exclusion

Cite as40 CFR 1508.4
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926 practice notes
  • Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
    • United States
    • Federal Register August 03, 2016
    • August 3, 2016
    ...container size or larger; and (iv) Wildlife upland habitat management. Sec. 799.33 Extraordinary circumstances. (a) As specified in 40 CFR 1508.4, in the definition of categorical exclusion, procedures are required to provide for extraordinary circumstances in which a normally categorically......
  • Revisions to Civil Penalty Amounts
    • United States
    • Federal Aviation Administration,Federal Motor Carrier Safety Administration,Federal Railroad Administration,Maritime Administration,National Highway Traffic Safety Administration,Saint Lawrence Seaway Development Corporation
    • Invalid date
    ...on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that w......
  • Operation and Certification of Small Unmanned Aircraft Systems
    • United States
    • Federal Register June 28, 2016
    • June 28, 2016
    ...on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion (CATEX), the agency must also consider whether extraordinary circumstances are presen......
  • Organization and Delegation of Powers and Duties
    • United States
    • Federal Register April 05, 2016
    • April 5, 2016
    ...on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that w......
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546 cases
  • Brady Campaign to Prevent Gun Violence v. Salazar, Civil Action No. 08-2243 (CKK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 19, 2009
    ...regulations (§ 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. 40 C.F.R. § 1508.4. The terms within this definition are defined broadly. A "cumulative impact" is defined as "the impact on the environment which results ......
  • In re Operation of the Missouri River System Lit., No. 03-MD-1555(PAM).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • June 21, 2004
    ...and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations." 40 C.F.R. § 1508.4. Under its NEPA implementation procedures, the FWS concluded that a categorical exclusion applied, rendering an EIS relating to fish stockin......
  • Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • August 1, 2018
    ...exclusions from NEPA review for actions "which do not individually or cumulatively have a significant effect on the human environment." 40 C.F.R. § 1508.4. If a proposed action falls within a categorical exclusion, the agency is not required to prepare an EA or EIS. Id. "An agency satisfies......
  • Franco v. United States Dep't Of The Interior, No. Civ. 2:09-cv-01072-FCD EFB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • July 16, 2010
    ...have been previously determined under agency regulations not to have a significant effect on the human environment. 40 C.F.R. §§ 1501.4(a), 1508.4. Moreover, to bring a claim under the APA for a violation of the NEPA, plaintiffs must show that they have exhausted available administrative re......
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12 firm's commentaries
  • Local Matter Or Federal Case? The Network Of Cell Tower Regulation In California By Arthur F. Coon and Sean Marciniak*
    • United States
    • JD Supra United States
    • August 3, 2011
    ...from an EA, to require environmental consideration of that action upon its own motion. 49. Pub. Resources Code, §§21000 et seq. 50. 40 C.F.R. §1508.4 (NEPA categorical exclusion set by federal agencies); 47 C.F.R. §§1.1301 to 1.1319 (FCC rules implementing NEPA; all FCC actions categoricall......
  • CBD v. Salazar And The Way Forward For Fracking In Federal Minerals
    • United States
    • JD Supra United States
    • April 18, 2013
    ...the APD will 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......
  • Environmental Provisions of the FAST Act
    • United States
    • JD Supra United States
    • January 5, 2016
    ...agreement to include responsibility for CE determinations not only for CEs under 23 C.F.R. § 771.117 (c) and (d), but also under 40 C.F.R. § 1508.4 and identified in the programmatic Section 1317. Modernization of the Environmental Review Process. This section requires the Secretary to cons......
  • Highway Project Repaving/National Environmental Policy Act: Is an Environmental Impact Statement Required?
    • United States
    • JD Supra United States
    • June 19, 2018
    ...in 2015. It also approved the environmental report. The agency further determined that there was no need to prepare an EIS (citing 40 C.F.R. § 1508.4 [neither an environmental impact statement nor an “environmental assessment” . . . is needed for projects that do not individually or cumulat......
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6 books & journal articles
  • The Trump Card: Tarnishing Planning, Democracy, and the Environment
    • United States
    • Environmental Law Reporter Nbr. 50-4, April 2020
    • April 1, 2020
    ...the procedural requirements for preparing one (such as the duty to circulate draft documents for public comment) are less rigorous 33. 40 C.F.R. §1508.4 (2019). 34. See Mandelker et al., supra note 3, §7:10. Public participation is required when an agency adopts a CE, which it must do throu......
  • Airspace
    • United States
    • Commercial Drone Law: Digest of U.S. and Global UAS Rules, Polices, and Practices
    • January 6, 2017
    ...on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 C.F.R. 1508.4. In analyzing the applicability of a CATEX, the agency must also consider whether extraordinary circumstances are present that would warrant ......
  • How Environmental Review Can Generate Car-Induced Pollution: A Case Study
    • United States
    • Sustainable Development Law & Policy Nbr. XIV-1, January 2014
    • January 1, 2014
    ...exempted from the NEPA process.” Id . An individual federal agency may designate types of agency action as categorically excluded. See 40 C.F.R. § 1508.4 (“Categorical Exclusion means a category of actions which do not individually or cumulatively have a signif‌icant effect on the human env......
  • Laplace Rising: The Story of How a Tiny Community in Southern Louisiana Will Save the Largest Delta in North America
    • United States
    • Sustainable Development Law & Policy Nbr. XIV-1, January 2014
    • January 1, 2014
    ...exempted from the NEPA process.” Id . An individual federal agency may designate types of agency action as categorically excluded. See 40 C.F.R. § 1508.4 (“Categorical Exclusion means a category of actions which do not individually or cumulatively have a signif‌icant effect on the human env......
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