40 CFR 1506.11 - Emergencies
| Cite as | 40 CFR 1506.11 |
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107 practice notes
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Part V
...to control the immediate impacts of the emergency; other actions remain subject to the environmental review process. Consistent with 40 CFR 1506.11, the Responsible Official and the NEPA Official should consult with CEQ about alternative arrangements at the earliest Subpart C--Requirements ......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...to exempt certain actions from NEPA review. Congress has directed the use or development of alternative arrangements in accordance with 40 CFR 1506.11 for reconstruction of transportation facilities damaged in an emergency (FAST Act, Pub. L. 114-94, sec. 1432, 129 Stat. 1312, 1429) and for ......
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...is taken, or after the action is taken if time does not permit prior consultation with CEQ. OPDIVs/STAFFDIVs shall, in accordance with 40 CFR 1506.11, limit such arrangements to actions necessary to control the immediate impacts of the emergency. Other actions remain subject to NEPA review.......
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Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
...on real environmental issues and alternatives, as appropriate. Emergency circumstances will continue to be handled consistent with 40 CFR 1506.11. Environmental Screening This rule includes procedures to increase transparency and accountability of FSA's NEPA process. One of those procedures......
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20 cases
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Natural Resources Defense Council V. Winter, No. 8:07-ev-00335-FMC-FMOX.
...Act (January 15, 2008); Decl. Michael Eitel Ex. 18. Also on January 15, 2008, the Council on Environmental Quality (CEQ), citing 40 C.F.R. § 1506.11, approved "alternative arrangements" for the Navy to comply with NEPA because "emergency circumstances" prevented normal compliance. The CEQ's......
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Ocean Mammal Institute v. Gates, Civil No. 07-00254 DAE-LEK.
...and the Council of Environmental Quality ("CEQ") approved emergency, alternative arrangements under its NEPA regulations, 40 C.F.R. § 1506.11. The Ninth Circuit immediately remanded the stay motion to the district court. See NRDC v. Winter, 513 F.3d 920 (9th Cir.2008). Later that day, the N......
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Gardner v. U.S. Bureau of Land Management, Civil No. 07-1722-SU.
...such arrangements to actions necessary to control the immediate impacts of the emergency. Other actions remain subject to NEPA review. 40 C.F.R. § 1506.11. In this way, agencies must comply with NEPA's requirements "to the fullest extent possible." 42 U.S.C. § II. Factual Background Gardner......
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Sánchez v. United States, No. 10–1648.
...indicates that, sans presidential exception, the Navy was required to comply with the same, as held in Romero–Barceló. See also 40 C.F.R. § 1506.11 (providing, in the context of NEPA, that “[w]here emergency circumstances make it necessary to take an action with significant environmental im......
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5 firm's commentaries
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Emergency Exemptions From Environmental Laws Applicable To The Coronavirus Pandemic
...of the Council on Environmental Quality authorize lead agencies to make "alternative arrangements" in emergency situations. 40 C.F.R. § 1506.11. For disasters and other emergencies abroad, Executive Order 12114 (Environmental Effects Abroad of Major Federal Actions) provides (in section 2-5......
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President Trump Orders Expanded Use of Emergency Powers to Streamline Infrastructure
...emergency or use of emergency authorities. The EO principally relies on the government-wide NEPA regulation for emergency situations. 40 C.F.R. § 1506.11. It also invokes the ESA implementing regulation on Section 7 consultations in emergencies (50 C.F.R. § 402.05 2) and the CWA Section 404......
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President Trump Orders Federal Agencies to Use Emergency Authority to Further Expedite Environmental Project Approvals
...projects whose approvals can be expedited under either existing categorical exclusion authority or CEQ’s existing emergency provision, 40 CFR § 1506.11. That regulation allows agencies, in consultation with CEQ, to proceed without strict compliance with the CEQ regulations, as “necessary to......
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Trump Executive Order: Environmental Streamlining or Political Quagmire?
...to responding to emergency situations and encourages use of such regulations to expedite environmental review. CEQ regulations found at 40 C.F.R. 1506.11 authorize alternative arrangements for NEPA compliance in the case of emergencies (CEQ Emergency Regulations). Neither the CEQ Emergency ......
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2 books & journal articles
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Betty B. Fletcher: NEPA's Angel and Chief Editor of the Hard Look
...scholarship from the Hon. Betty B. Fletcher. 156 Judge Fletcher airmed the district court’s invalidation of the CEQ’s interpretation of 40 C.F.R. §1506.11 as unsubstantiated by the context and language of the measure. 157 he Supreme Court steered clear of this one. Judge Fletcher will have ......
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Appendix 22: Application of NEPA to Proposed Federal Actions in the United States With Transboundary Effects
...19 For example, agencies may contact CEQ for approval of alternative arrangements for compliance with NEPA in the case of emergencies. 40 CFR 1506.11. 20 For example, courts have recognized that NEPA does not require an information for national security reasons, Weinberger v. Cathollic Acti......