40 CFR 1508.13 - Finding of no significant impact

Cite as40 CFR 1508.13
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483 practice notes
406 cases
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • January 5, 1988
    ...issues and either reaches a conclusion that preparation of an EIS is necessary or concludes with a Finding of No Significant Impact. 40 C.F.R. § 1508.13 (1986). 7. In preparing the EA under its regulatory authority, the Corps has broad jurisdiction to consider environmental impacts. However......
  • Monsanto Co. v. Geertson Seed Farms, No. 09-475.
    • United States
    • United States Supreme Court
    • April 27, 2010
    ..."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 in furtherance of ......
  • 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
    ...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. § 1508.13. A plaintiff seeking to show that an agency should have prepared an EIS instead of a FONSI "need not demonstrate that significant effects wi......
  • 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
    ...will not be prepared. It shall include the [EA] or a summary of it and shall note any other environmental documents related to it." 40 C.F.R. § 1508.13.• Highway Defendants: Collectively, FHWA, Mark Bartlett in his official capacity as Division Administrator of FHWA, ALDOT, and John Cooper ......
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2 firm's commentaries
  • US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
    • United States
    • Mondaq United States
    • February 24, 2010
    ...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. 1995). 40 C.F.R. § 1508.13. Department of Transp. v. Public Citizen, 541 U.S. 752, 763 (2004) (decision not to prepare an EIS); National Parks & Conservation Ass'......
  • Trump Administration Revamps the NEPA Regulations
    • United States
    • JD Supra United States
    • July 20, 2020
    ...result in any significant environmental impacts, a Finding of No Significant Impact (“FONSI”) is issued, terminating the NEPA process. 40 C.F.R. § 1508.13. Environmental Impact Statements. An environmental impact statement (“EIS”) is required if, based upon the EA, the agency determines tha......
3 books & journal articles
  • Addressing water pollution from livestock grazing after O.N.D.A. v. Dombeck: legal strategies under the Clean Water Act.
    • United States
    • Environmental Law Vol. 30 Nbr. 3, June 2000
    • June 22, 2000
    ...not have a significant effect on the human environment and for which an environmental impact statement therefore will not be prepared." 40 C.F.R. 1508.13 (1999). The agency makes this determination on the basis of the environmental assessment (EA). Id. [sections] (305) NWF v. BLM, 151 I.B.L......
  • Unapproved Genetically Modified Corn: It's What's for Dinner
    • United States
    • Iowa Law Review Nbr. 100-2, January 2015
    • January 1, 2015
    ...and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. . . .”); 40 C.F.R. § 1508.13 (2014) (“Finding of no significant impact means a document by a Federal agency briefly presenting the reasons why an action, not otherwise ex......
  • Endnotes
    • United States
    • Sustainable Development Law & Policy Nbr. XVIII-2, April 2018
    • April 1, 2018
    ...text, see also, A Citizen’s Guide to the nePA, supra note 97, at 11 (summarizing the contents of an environmental assessment). 114 40 C.F.R. § 1508.13 (2018) (circumstances that necessitate a 115 Id.; see Environmental Assessment/ Finding of No Significant Impact, supra note 112 (explaining......

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