23 C.F.R. 771.117 - FHWA categorical exclusions

Cite as23 C.F.R. 771.117
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213 practice notes
37 cases
  • Del. Riverkeeper Network v. Pa. Dep't of Transp., CIVIL ACTION No. 18-4508
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 20, 2020
    ...Categorical Exclusion Evaluation, it was determined that the Project qualifies for a Level 2 categorical exclusion in accordance with 23 C.F.R. § 771.117(d)(13) and will not result in any of the four unusual circumstances listed in 23 C.F.R. § 771.117(b). Id. at 97. VI. Final Individual Sec......
  • Public Interest Research Group v. FEDERAL HY. ADMIN., Civ.A. No. 94-4292 (AJL).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 20, 1995
    ...Hamby Declaration at ¶ 2. The EA was indicated because, at the time of proposal, the Project did not qualify for a CE, pursuant to 23 C.F.R. § 771.117.4 The FHWA concurred in the NJDOT's decision to prepare an EA. A.R. Vol. IA-29; Hamby Declaration at ¶ Subsequent to the Defendants' decisio......
  • Florida Keys Citizens Coal. v. U.S. Army Corps, No. 04-23175-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 11, 2005
    ...impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental impacts. 23 C.F.R. § 771.117(a). The FHWA regulations specify two categories of actions that may be categorically excluded from detailed NEPA review. See 23 C.F.R. § 771.......
  • Hells Canyon Preservation Council v. Jacoby, No. CIV. 97-1722-AA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • May 8, 1998
    ...action: 1) constituted modernization of a road by resurfacing, restoration, rehabilitation, or reconstruction, within the meaning of 23 C.F.R. §§ 771.117(d)(1), (2)21; 2) met the conditions or criteria for CEs in the CEQ (40 C.F.R. § 1508.4) and FHWA (23 C.F.R. § 771.117(a) regulations; 3) ......
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5 firm's commentaries
  • Environmental Provisions of the FAST Act
    • United States
    • JD Supra United States
    • January 5, 2016
    ...law by indexing to inflation the project limits for the categorical exclusion of projects receiving limited federal assistance. See 23 C.F.R. §771.117(b)(23). Section 1315. Programmatic Agreement Template. In Section 1318 of MAP-21, the Department was required to issue a rulemaking adding c......
  • Highway Project Repaving/National Environmental Policy Act: Is an Environmental Impact Statement Required?
    • United States
    • JD Supra United States
    • June 19, 2018
    ...is needed for projects that do not individually or cumulatively have a significant effect on the human environment]). Also cited was 23 C.F.R. § 771.117(c)(26) which provides that highway-renovation projects are within the scope of the § 1508.4 Highway J Citizens Group and others (collectiv......
  • I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying Motion for TRO
    • United States
    • JD Supra United States
    • December 12, 2019
    ...actions which have been determined to not involve significant environmental impacts. The FHWA categorical exclusions are found at 23 C.F.R. §771.117. Tracing back to the roots of the instant dispute, in October 2016 the defendants reported that the I-630 project qualified for a categorical ......
  • NEPA Rules Rewrite: What’s in a Name?
    • United States
    • JD Supra United States
    • July 30, 2020
    ...to MAP-21 (the 2012 transportation reauthorization statute) for small projects or projects with limited federal assistance. See 23 C.F.R. §§771.117(c)(23) and 771.118(c)(18). This provision may similarly narrow the degree to which NEPA applies for non-federal projects requiring some level o......
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