Categorical exclusions
| Currency | Current through May 31, 2023 |
| Citation | 36 C.F.R. §220.6 |
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3 cases
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Or. Wild v. United States Forest Serv.
...CE-6 from 36 C.F.R. § 220.6(e)(6) to 7 C.F.R. § 1b.4(d)(30). 90 Fed. Reg. 29,632, 29,643, 29,657 (July 3, 2025). The Court refers to 36 C.F.R. § 220.6 consistent with parties' briefing. [4] Resource conditions that should be considered in determining whether extraordinary circumstances rela......
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Friends of Inyo v. U.S. Forest Serv.
...743, 758, 135 S.Ct. 2699, 192 L.Ed.2d 674 (2015).ANALYSIS The parties dispute whether the Forest Service regulation enumerating CEs, 36 C.F.R. § 220.6, allows the Forest Service to combine two CEs to approve a proposed action, where no single CE could cover the proposed action alone. To ans......
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Or. Wild v. United States Forest Serv.
...understory hardwoods in stands of southern pine; and (iv) Prescribed burning to reduce natural fuel build-up and improve plant vigor. 36 C.F.R. § 220.6. [3] See 36 C.F.R. 220.6(e)(12) (allowing harvesting of live trees for no more than 70 acres), (e)(13) (allowing the salvage of dead trees ......
2 firm's commentaries
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Forest Service Releases Narrowly Tailored Update to Its NEPA Procedures
...they conform with the new CEQ regulations. Below is a summary of the changes to the CEs. Consolidation of Special Use Authorizations, 36 CFR § 220.6(d)(11) The final rule consolidates two previous CEs—the CE covering amendments to or replacements of existing special use authorizations (form......
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Logging Plan Not Categorically Excluded From Environmental Review Under NEPA
...impact statement for the project, the Forest Service relied on a NEPA categorical exclusion for road repair and maintenance in 36 C.F.R. §220.6(d)(4). As of November 2019, logging had begun in two areas of the project and the Forest Service had finalized bidding on a third area. Plaintiff, ......