Categorical exclusions: Extraordinary circumstances

CurrencyCurrent through May 31, 2023
Citation 43 C.F.R. §46.215
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2 cases
  • Wildlands v. Bureau of Land Mgmt.
    • United States
    • U.S. District Court — District of Oregon
    • March 27, 2023
    ...impacts on public health, safety, or natural resources, in which case BLM must prepare an EA or EIS. See 40 C.F.R. § 1501.4; 43 C.F.R. § 46.215; BLM NEPA Handbook 19. Additionally, a 30-day public review period is required for FONSIs where the proposed action is without precedent or similar......
  • Earth Island Inst. v. Muldoon
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 12, 2023
    ...311 F.3d at 1168. NEPA's implementing regulations list a range of situations in which extraordinary circumstances would exist. See 43 C.F.R. § 46.215. The Institute invokes one of these situations, arguing that extraordinary circumstances are present here because the Projects may have "high......