40 CFR 1508.8 - Effects

Cite as40 CFR 1508.8
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400 practice notes
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • February 25, 2000
    ...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) ......
  • Telemarketing sales rule,
    • United States
    • Federal Register January 29, 2003
    • January 29, 2003
    ...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......
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • January 6, 2017
    ...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......
  • Environmental Policies and Procedures
    • United States
    • Federal Register February 04, 2014
    • February 4, 2014
    ...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
  • Monsanto Co. v. Geertson Seed Farms, No. 09-475.
    • United States
    • United States Supreme Court
    • April 27, 2010
    ...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......
  • Western Land Exchange Proj. v. U.S. Bureau of Land, No. CVN02-0343-DWH(RAM).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • March 19, 2004
    ...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.......
  • Oregon Natural Resources Council v. Marsh, Civ. No. 85-6433-BU
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • February 10, 1994
    ...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......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...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
17 books & journal articles
  • Epa's opportunity to reverse the fertilizer industry's environmental injustices
    • United States
    • Environmental Law Reporter Nbr. 52-2, February 2022
    • February 1, 2022
    ...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......
  • Administering the National Environmental Policy Act
    • United States
    • Environmental Law Reporter Nbr. 45-4, April 2015
    • April 1, 2015
    ...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......
  • Planning for the Effects of Climate Change on Natural Resources
    • United States
    • Environmental Law Reporter Nbr. 47-3, March 2017
    • March 1, 2017
    ...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)(......
  • The New Law of Geology: Rights, Responsibilities, and Geosystem Services
    • United States
    • Environmental Law Reporter Nbr. 52-5, May 2022
    • May 1, 2022
    ...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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