43 CFR 46.215 - Categorical exclusions: Extraordinary circumstances

Cite as43 CFR 46.215
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269 practice notes
  • Reorganization of Title 30:
    • United States
    • Federal Register October 18, 2011
    • October 18, 2011
    ...of the extraordinary circumstances that would require an environmental assessment or an environmental impact statement as set forth in 43 CFR 46.215. We concluded that this rule does not meet any of the criteria for extraordinary circumstances as set forth Data Quality Act In developing thi......
  • Amendments to ONRR's Remaining OMB-Approved Forms and Acronyms To Reflect Reorganization
    • United States
    • Federal Register May 22, 2013
    • May 22, 2013
    ...or procedural nature.'' We have also determined that this rule is not involved in any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. The procedural changes resulting from these amendments have no consequences with respect to the ph......
  • Proposed Revisions to the U.S. Fish and Wildlife Service Mitigation Policy
    • United States
    • Federal Register March 08, 2016
    • March 8, 2016
    ...CFR 1508.4 and 43 CFR 46.210(i). In addition, this action may have the potential to trigger an extraordinary circumstance, as outlined in 43 CFR 46.215. Therefore, we announce our intent to prepare an environmental assessment (EA) pursuant to the National Environmental Policy Act (NEPA) of ......
  • Resource Management Planning
    • United States
    • Federal Register December 12, 2016
    • December 12, 2016
    ...However, none of the comments raised information indicating the presence of one or more of the extraordinary circumstances listed in 43 CFR 46.215. Page Procedural Matters Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Inf......
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26 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
    ...there are any "[e]xtraordinary circumstances" Page 15 that nevertheless require the agency to perform an environmental evaluation. 43 C.F.R. § 46.215. Such extraordinary circumstances include actions that (a) significant impacts on public health or safety, (b) significant impacts on ... par......
  • State v. Bernhardt, Case No. 3:17-cv-00013-SLG CONSOLIDATED
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • November 13, 2020
    ...not to prepare an environmental impact statement" and failed to discuss whether an exception applied).160 Docket 190 at 45 (quoting 43 C.F.R. § 46.215(c) ).161 FWL004690. Federal Defendants also point to an e-mail which notes the "quiet roll-out" of the proposed rule. See FWL008749 (copy of......
  • Reed v. Salazar, Array
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 28, 2010
    ...any “[e]xtraordinary circumstances” that nevertheless require the agency to perform an environmental evaluation. 40 C.F.R. § 1508.4; 43 C.F.R. § 46.215. Pursuant to regulations promulgated by the Department of the Interior (“DOI”), extraordinary circumstances exist for individual actions wi......
  • Safari Club Int'l v. Jewell, Civil Action Nos. 11–cv–01564 (BAH), 12–cv–00340 (BAH).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 9, 2013
    ...listed, on the List of Endangered or Threatened Species or have significant impacts on designated Critical Habitat for these species ...43 C.F.R. § 46.215. In particular, the EWA plaintiffs suggest that the Removal Rule qualifies as an extraordinary circumstance under 43 C.F.R. § 46.215(h) ......
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3 firm's commentaries
  • Renewable Energy Case Law Update
    • United States
    • JD Supra United States
    • February 11, 2016
    ...being, developers must rely on the 5-year permit. 13 Id. 14 Id. at *48-*49. 15 Id. at *48-*50. 16 Id. at *65. 17 Id. at *67. (citing 43 C.F.R. § 46.215(c)). Id. at *77. 19 See id. at *71-*72. 20 Id. at 80. 5 b. Union Neighbors United, Inc. v. S.M.R. Jewell, et al., 83 F. Supp. 3d 280 (D.D.C......
  • Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation
    • United States
    • JD Supra United States
    • September 4, 2015
    ...trigger preparation of an EIS or an EA.” Id. at 37-38 (internal citations and quotations omitted). [28] Id. at 38; see also 43 C.F.R. § 46.215(c). The court noted that a proposal is “highly controversial” when “substantial questions are raised as to whether a project may cause significant d......
  • Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds
    • United States
    • JD Supra United States
    • August 20, 2015
    ...name="_edn14">[xiv] Order at 34-37. [xv] 43 C.F.R. § 46.215(c). [xvi] See, e.g., Order at [xvii]...

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