23 CFR 771.115 - Classes of actions

Cite as23 CFR 771.115
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58 practice notes
  • Additional Authorities for Planning and Environmental Linkages
    • United States
    • Federal Register September 10, 2014
    • September 10, 2014
    ...made at the time the Federal lead agency and other joint lead agencies decide the appropriate scope of the class of action, as defined in 23 CFR 771.115, or later during the preparation of materials for compliance with NEPA requirements. To adopt and use planning products pursuant to this (......
  • Section 4(f) Policy Paper
    • United States
    • Federal Register July 20, 2012
    • July 20, 2012
    ...the type of environmental document required by the NEPA process as described in the FHWA Environmental Impact and Related Procedures (See 23 CFR 771.115). Question 13B: What effect does the de minimis impact provision have on the application of the existing FHWA nationwide programmatic Sect......
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register November 20, 2015
    • November 20, 2015
    ...is identified. When requested, the Administration will advise the applicant, insofar as possible, of the probable class of action (see 23 CFR 771.115) and related environmental laws and requirements and of the need for specific studies and findings that would normally be developed during th......
  • Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 29, 2012
    ...by a federal agency, including the FHWA, could significantly affect the quality of the human environment. 42 U.S.C. § 4332(C); 23 C.F.R. § 771.115(a). 18 Whether a proposed action will have a “significant” effect on the quality of the human environment “is determined by evaluating both the ......
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47 cases
  • Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • May 29, 2012
    ...by a federal agency, including the FHWA, could significantly affect the quality of the human environment. 42 U.S.C. § 4332(C); 23 C.F.R. § 771.115(a). 18 Whether a proposed action will have a “significant” effect on the quality of the human environment “is determined by evaluating both the ......
  • Del. Riverkeeper Network v. Pa. Dep't of Transp., CIVIL ACTION No. 18-4508
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 20, 2020
    ..."The FHWA has thus created three classes of review—EIS, EA, and CE—each requiring different levels of documentation." Id. (citing 23 C.F.R. § 771.115).21 The FHWA regulations define categorical exclusions as actions that "[d]o not induce significant impacts to planned growth or land use for......
  • Burkholder v. Wykle, No. 1:01CV1165.
    • United States
    • U.S. District Court — Northern District of Ohio
    • February 22, 2002
    ...have cited three purported "procedural" violations by the defendants. The Court will briefly address each. 1. Purported Violation of 23 C.F.R. § 771.115(a)(1) and As an initial matter, the plaintiffs argue that agency regulations provide that all projects such as the instant proposal to rel......
  • Public Interest Research Group v. FEDERAL HY. ADMIN., Civ.A. No. 94-4292 (AJL).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 20, 1995
    ...Class III. All actions in this class require the preparation of an EA to determine the appropriate environmental document required. 23 C.F.R. § 771.115. At the time of the original Project proposal, the NJDOT's level of action determination indicated an EA would be prepared for the Project,......
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