40 CFR 1508.8 - Effects
| Cite as | 40 CFR 1508.8 |
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400 practice notes
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...are defined follow: Categorical Exclusion (40 CFR 1508.4) Cooperating Agency (40 CFR 1508.5) Cumulative Impact (40 CFR 1508.7) Effects (40 CFR 1508.8) Environmental Assessment (EA) (40 CFR 1508.9) Environmental Document (40 CFR 1508.10) Environmental Impact Statement (EIS) (40 CFR 1508.11) ......
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Telemarketing sales rule,
...or those ``which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable.'' 40 CFR 1508.8(b). The Commission does not believe that the ``do-not-call'' registry provision has been or could reasonably be alleged to have ``direct effe......
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Issuance and Reissuance of Nationwide Permits
...would apply to the proposed expansion or modification. Consistent with the Council on Environmental Quality's NEPA regulations at 40 CFR 1508.8, we consider ``impacts'' and ``effects'' to be synonymous. Therefore, we also consider the terms ``cumulative impact analysis'' and ``cumulative ef......
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Environmental Policies and Procedures
...is proposed for inclusion in the critical action definition), ``indirect impacts'' (defined in CEQ regulations under ``effects'' in 40 CFR 1508.8), ``mitigation measure'' (defined in CEQ regulations under ``mitigation'' in 40 CFR Sec. 1508.20), ``practicable'' alternative (to be consistent ......
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328 cases
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Monsanto Co. v. Geertson Seed Farms, No. 09-475.
...are risks "that could be mitigated with conditions to ensure safe commercial use." Introduction 39024 (emphasis added). 13 See, e.g., 40 CFR § 1508.8 (2009) (determination whether an EIS is required turns on both "[d]irect effects" and "[i]ndirect effects," and "include[s] those resulting f......
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Western Land Exchange Proj. v. U.S. Bureau of Land, No. CVN02-0343-DWH(RAM).
...of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. 40 C.F.R. § 1508.8(b). The impacts here are "caused by the action," in the most straightforward sense, insofar as they would not occur but for privatization.......
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Oregon Natural Resources Council v. Marsh, Civ. No. 85-6433-BU
...not cure the defects of the original EIS because the areas of discussion do not include each of the potential areas of impact listed in 40 C.F.R. § 1508.8. In the Second EISS, the Corps focused on water quality and fish production based on the two examples used by the Court of Appeals in pa......
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...effect."1• Direct impact: an effect of a major federal action that is "caused by the action and occur[s] at the same time and place." 40 C.F.R. § 1508.8(a). Also referred to as a "direct effect." Id.• Eastern section: the section of the Northern Beltline that joins I-65 with the eastern ter......
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14 firm's commentaries
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FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit
...the beneficial and detrimental effects of a project, even if on balance the agency believes the project’s effects will be beneficial. 40 C.F.R. § 1508.8. FERC must explain on remand its position on using the social cost of carbon (SC-CO2) to convert downstream emissions estimates to concret......
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D.C. Circuit Suggests FERC Should Try to Quantify Indirect Environmental Impacts of Pipeline Projects
...are those that “are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable.” 40 C.F.R. § 1508.8(b). Reasonably foreseeable are impacts “sufficiently likely to occur [such] that a person of ordinary prudence would take [them] into acco......
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D.C. Circuit Suggests FERC Should Try to Quantify Indirect Environmental Impacts of Pipeline Projects
...are those that “are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable.” 40 C.F.R. § 1508.8(b). Reasonably foreseeable are impacts “sufficiently likely to occur [such] that a person of ordinary prudence would take [them] into acco......
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Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process
...Gas Pipeline Company, LLC, 163 FERC ¶ 61, 190 at p. 57 (June 12, 2018). [10] Sierra Club at 1371 (citing 40 C.F.R. §§ 1502.16(b) and 1508.8). [11] [12] Id. at 1373-74. [13] Id. at 1374. [14] Id. at 1379. [15] Florida Southeast Connection, LLC; Transcontinental Gas Pipe Line Company, LLC; Sa......
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17 books & journal articles
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Epa's opportunity to reverse the fertilizer industry's environmental injustices
...be avoided,” and any reasonable alternatives.131 It must analyze not only the direct impacts of a proposed 132. 40 C.F.R. §§1502.16, 1508.7, 1508.8 (2020). 133. Id . §1508.8(b). 134. Id . §1508.7. “[A]ssessment of a given environmental impact must occur as soon as that impact is ‘reasonably......
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Administering the National Environmental Policy Act
...approach in the presence of uncertainty, see 40 C.F.R. §1502.22(b)—which became problematic in practice. 365. Cf. 40 C.F.R. §§1508.7, 1508.8 (deining “cumulative impact” and linking impacts and efects together as synonymous within the regulations). While the regulations required that an EIS......
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Planning for the Effects of Climate Change on Natural Resources
...of Oxnard, 2012 WL 7659201 (Cal. Super. Ct. Oct. 15, 2012). 20. Id . 21. Id . at 22. 22. 40 C.F.R. §1502.15 (2016). 23. 40 C.F.R. §§1508.7, 1508.8 (2016). 24. 42 U.S.C. §4332(2)(C)(i)-(iii); 40 C.F.R. §§1502.14, 1502.16, 1508.20 (2016). 25. 40 C.F.R. §1502.13 (2016). 26. 42 U.S.C. §4332(2)(......
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The New Law of Geology: Rights, Responsibilities, and Geosystem Services
...may have both beneicial and detrimental efects, even if on balance the agency believes that the efect will be beneicial.” [citing 40 C.F.R. §1508.8(b)] his stipulation is important for three reasons: (1) the characterization of an efect may vary with an individual’s perspective; (2) even an......
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