40 CFR 1508.9 - Environmental assessment
| Cite as | 40 CFR 1508.9 |
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1144 practice notes
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Part V
...of this section. Sec. 6.205 Environmental assessments. (a) The Responsible Official must prepare an environmental assessment (EA) (see 40 CFR 1508.9) for a proposed action that is expected to result in environmental impacts and the significance of the impacts is not known. An EA is not requ......
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Hazardous Materials:
...impacts of the proposed action and alternatives; and (4) the agencies and persons consulted during the consideration process. 40 CFR 1508.9(b). 1. Purpose and Congress enacted HMTSSRA in part to combat the problem of undeclared hazardous materials shipments. The broader authority of HMTSSRA......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...and decision making. The NPRM proposed to move the operative language regarding the requirements for an EA from the definition of EA in 40 CFR 1508.9 to paragraph (c). CEQ makes these proposed changes in the final Under the final rule, the format for an EA is flexible and responsive to agen......
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...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) Federal Agency (40 CFR 1508.12) Finding of No ......
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973 cases
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...compliance with the Act when no [EIS] is necessary[, and] (3) [f]acilitate[s] preparation of a statement when one is necessary." 40 C.F.R. § 1508.9(a).• EIS: Environmental impact statement, which is the detailed written statement required by section 102(2)(C) of NEPA, 42 U.S.C. § 4332, disc......
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Wyoming v. U.S. Dept. of Agriculture, No. 07-CV-17-B.
...sufficient evidence to determine whether it should prepare a finding of no significant impact or an environmental impact statement. 40 C.F.R. § 1508.9. If the agency determines that an environmental impact statement is necessary, it must publish a notice of intent that an environmental impa......
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Soda Mountain Wilderness Council v. Norton, No. CIVS042583LKKCMK.
...sec. 102(2)(E), of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted." 40 C.F.R. § 1508.9. This purpose statement is an obvious place for the court to start when analyzing the adequacy of an environmental impact statement or a......
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Native Ecosystems Council & Alliance for the Wild Rockies v. U.S. Forest Serv., Case No. 4:11–cv–00212–CWD.
...whether to prepare an [EIS].’ ” Dep't of Transp. v. Pub. Citizen, 541 U.S. 752, 757–58, 124 S.Ct. 2204, 159 L.Ed.2d 60 (2004); 40 C.F.R. § 1508.9(a). NEPA's mandate is “essentially procedural.” Vt. Yankee Nuclear Power Corp. v. Natural Res. Def. Council, Inc., 435 U.S. 519, 558, 98 S.Ct. 11......
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5 firm's commentaries
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US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
...40 C.F.R. § 1502.1. 40 C.F.R. § 1501.4(a). 40 C.F.R. § 1501.3(a) (the agency can skip the EA and prepare an EIS); 1501.4(b). 40 C.F.R. § 1508.9; Friends of Fiery Gizzard v. Farmers Home Admin, 61 F.3d 501 (6th Cir. 40 C.F.R. § 1508.13. Department of Transp. v. Public Citizen, 541 U.S. 752, ......
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A New Tenant On Federal Lands: Court Orders BLM To Consider Climate Impacts In Approving Energy Leases
...Action No. 2016-1724 (D.D.C. 2019). 2 Id. at 56. 3 See id. (citing EarthReports, Inc. v. FERC, 828 F.3d 949, 953 (D.C. Cir 2016); 40 C.F.R. §§ 1508.9, 4 Id. at 56. 5 Id. at 59. 6 Id. at 57. 7 Id. at 8. The content of this article is intended to provide a general guide to the subject matter.......
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A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases
...Civil Action No. 2016-1724 (D.D.C. 2019). 2Id. at 56. 3See id. (citing EarthReports, Inc. v. FERC, 828 F.3d 949, 953 (D.C. Cir 2016); 40 C.F.R. §§ 1508.9, 4Id. at 56. 5Id. at 59. 6Id. at 57. 7Id. at 8. Kenneth MarkowitzStacey Mitchell...
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D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After They Are Already Built
...own regulations as well. For CEQ’s regulations, see 40 C.F.R. § 1502 et seq., and for FERC’s regulations, see 18 C.F.R. Part 380. [3] 40 C.F.R. § 1508.9(a)(1)-(3). [4] 15 U.S.C. § [5] Tennessee Gas Pipeline Company, LLC; Notice of Application, 76 Fed. Reg. 22,093 (April 20, 2011). [6]...
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14 books & journal articles
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Statutory and Regulatory Citations
...HQUSACE (CECW-OR) will review recommended changes for Corps-wide consistency and revise the list accordingly. 7. EA/FONSI Document . (See 40 CFR 1508.9 and 1508.13 for deinitions)—a. Environmental Assessment (EA) and Findings of No Signiicant Impact (FONSI) . he EA should normally be combin......
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Statutory and Regulatory Citations
...HQUSACE (CECW-OR) will review recommended changes for Corps-wide consistency and revise the list accordingly. 7. EA/FONSI Document . (See 40 CFR 1508.9 and 1508.13 for deinitions)—a. Environmental Assessment (EA) and Findings of No Signiicant Impact (FONSI) . he EA should normally be combin......
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Dangerous Waters? The Future of Irreparable Harm Under NEPA After Winter v. NRDC
...by Federal oicials in conjunction with other relevant material to plan actions and make decisions. Id . 36. See 40 C.F.R. §1501.3. 37. 40 C.F.R. §1508.9(a)(1). 38. Robert Dreher, NEPA Under Siege 6 (2005), available at http://www.law. georgetown.edu/gelpi/research_archive/nepa/NEPAUnderSieg......
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Planning for the Effects of Climate Change on Natural Resources
...standards, since the combined efects of grazing and climate change can result in further deterioration of the allotment area. 239. See 40 C.F.R. §1508.9 (2016) (“Environmental assessment”). See also CEQ, Appropriate Use of Mitigation and Monitoring and Clarifying the Appropriate Use of Miti......
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