40 CFR 1508.9 - Environmental assessment
| Cite as | 40 CFR 1508.9 |
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1138 practice notes
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Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
...As currently specified by CEQ, there is no variation on EA requirements; for example, a checklist does not meet the definition of an EA (40 CFR 1508.9). This regulation has only one category of Environmental Assessment, which makes the FSA NEPA process consistent with the CEQ regulations an......
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National Forest System Land Management Planning
...the National Environmental Policy Act (NEPA) when no EIS is necessary, and facilitates preparation of a statement when one is necessary (40 CFR 1508.9; FSH 1909.15, Chapter Environmental impact statement (EIS). A detailed written statement as required by section 102(2)(C) of the National En......
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Separate Parts In This Issue
Part II
Interior Department, Land Management Bureau,
...part A information to a new part D. Part A now defines the purpose and need for an EA. Part B: Inserted a new requirement to consult 40 CFR 1508.9(b) which outlines ``discussion'' requirements in an Part C: Edited to clarify and enhance general understanding of when an EA is appropriate. Pa......
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Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule
...NEPA, an EA needs to include only ``brief discussions . . . of the environmental impacts of the proposed action and alternatives.'' (See 40 CFR 1508.9(b).) The EA's discussion of the impacts related to groundwater, surface water, and greenhouse gas emissions satisfies this requirement. More......
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966 cases
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OKL. WILDLIFE FEDERATION v. US ARMY CORPS OF ENG., No. 87-C-237-B.
...to make a preliminary Environmental Assessment to determine whether the environmental effects of a proposed action are significant. 40 C.F.R. § 1508.9 (1986). The regulations define an EA as a concise document that briefly discusses the relevant issues and either reaches a conclusion that p......
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California Trout v. F.E.R.C., No. 07-73664.
...enough to warrant preparation of an EIS." Blue Mountains Biodiversity Project v. Blackwood, 161 F.3d 1208, 1212 (9th Cir. 1998). See 40 C.F.R. § 1508.9 (describing 572 F.3d 1016 an EA as a "concise public document ... that serves to [b]riefly provide sufficient evidence and analysis for det......
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Monsanto Co. v. Geertson Seed Farms, No. 09-475.
...basis of a shorter "environmental assessment" (EA), that the proposed action will not have a significant impact on the environment. 40 CFR §§ 1508.9(a), 1508.13 (2009). Even if a particular agency proposal requires an EIS, applicable regulations allow the agency to take at least some action......
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Western Land Exchange Proj. v. U.S. Bureau of Land, No. CVN02-0343-DWH(RAM).
...a less formal EA in order to determine whether or not an action will "significantly affect" the environment. See 40 C.F.R. §§ 1501.3, 1501.4, 1508.9. If no significant impact will occur, the agency may issue a finding of no significant impact ("FONSI") rather than prepare an EIS. 40 C.F.R. ......
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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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6 books & journal articles
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Laplace Rising: The Story of How a Tiny Community in Southern Louisiana Will Save the Largest Delta in North America
...effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency.”). 15 40 C.F.R. § 1508.9(a)(1). 16 See 40 C.F.R. § 1501.4(e). 17 The Ninth Circuit requires an EIS even if federal action “may” degrade the environment. Wetlands Actio......
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GSB Vol. 9, No. 6 - #1. Dining on the Alphabet Soup of Environmental Law: An Overview for Non-Environmental Lawyers.
...L. & Pol'y, 191, 191 (2001). 12. Id. at 193. 13. National Environmental Policy Act of 1969, 42 U.S.C.A. 4332(C). 14. 40 C.F.R. 1508.9. 15. Kleppe v. Sierra Club, 427 U.S. 390, 410, n.21 (1976). 16. See Fund for Animals v. Rice, 85 F.3d 535 (11th Cir. 1996). 17. For exampl......
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How Environmental Review Can Generate Car-Induced Pollution: A Case Study
...effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency.”). 15 40 C.F.R. § 1508.9(a)(1). 16 See 40 C.F.R. § 1501.4(e). 17 The Ninth Circuit requires an EIS even if federal action “may” degrade the environment. Wetlands Actio......
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Unapproved Genetically Modified Corn: It's What's for Dinner
...United States “permits a 64. Bratspies, supra note 22, at 314 (citing 7 C.F.R. § 340.1). 65. 42 U.S.C. § 4332(c) (2012). 66. 40 C.F.R. § 1508.9(a)(1) (2013) (“Environmental assessment: (a) Means a concise public document for which a Federal agency is responsible that serves to: (1) Briefly ......
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