40 CFR 1508.4 - Categorical exclusion
| Cite as | 40 CFR 1508.4 |
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927 practice notes
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Part V
...which normally do not require either an environmental impact statement or an environmental assessment (e.g., categorical exclusions (see 40 CFR 1508.4)). As part of the amendments to its NEPA implementing regulations, the Agency is proposing to amend existing and add new categories of actio......
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Small-Scale Natural Gas Exports
...to the environment, public safety, and public health. --------------------------------------------------------------------------- \44\ 40 CFR 1508.4. --------------------------------------------------------------------------- In determining that an export application is eligible for a categ......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...extraordinary circumstances once an agency determines that a CE covers a proposed action, consistent with the current requirement in 40 CFR 1508.4. CEQ includes this provision in the final rule, changing the language from passive to active voice. CEQ proposed in paragraph (b)(1) to provide ......
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Civil Penalty Amounts
...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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545 cases
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Brady Campaign to Prevent Gun Violence v. Salazar, Civil Action No. 08-2243 (CKK).
...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 ......
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In re Operation of the Missouri River System Lit., No. 03-MD-1555(PAM).
...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......
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Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
...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......
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Franco v. United States Dep't Of The Interior, No. Civ. 2:09-cv-01072-FCD EFB.
...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
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Local Matter Or Federal Case? The Network Of Cell Tower Regulation In California By Arthur F. Coon and Sean Marciniak*
...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......
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CBD v. Salazar And The Way Forward For Fracking In Federal Minerals
...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......
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Environmental Provisions of the FAST Act
...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......
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Highway Project Repaving/National Environmental Policy Act: Is an Environmental Impact Statement Required?
...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
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The Trump Card: Tarnishing Planning, Democracy, and the Environment
...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......
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Airspace
...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 ......
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How Environmental Review Can Generate Car-Induced Pollution: A Case Study
...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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Laplace Rising: The Story of How a Tiny Community in Southern Louisiana Will Save the Largest Delta in North America
...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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