Findings of no significant impact

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §1501.6

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3 cases
  • Rocky Mountain Wild v. Dallas
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 19, 2024
    ...that, "[u]pon request of the lead agency, any other Federal agency which has jurisdiction by law shall be a cooperating agency." 40 C.F.R. § 1501.6. "In addition any other Federal agency which has special expertise with respect to any environmental issue, which should be addressed in the st......
  • Envtl. Prot. Info. Ctr. v. Van Atta
    • United States
    • U.S. District Court — Northern District of California
    • July 10, 2023
    ...will not significantly affect the human environment, the agency may issue a finding of no significant impact ("FONSI") in lieu of an EIS. Id. § 1501.6. The FONSI must be accompanied by " 'a convincing statement of reasons' to explain why a project's impacts are insignificant." Blue Mountain......
  • Don't Cage Our Oceans v. United States Army Corps of Eng'rs
    • United States
    • U.S. District Court — Western District of Washington
    • September 30, 2024
    ...EA that their proposed action will not have significant effects then they must go on to prepare a more detailed, comprehensive EIS. See 40 C.F.R. § 1501.6. A may set aside an agency action under the APA if the action is “arbitrary, capricious, an abuse of discretion, or otherwise not in acc......
6 firm's commentaries
  • Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)
    • United States
    • JD Supra United States
    • June 2, 2014
    ...the protected sites are de minimis (minimal) or the road either preceded the planning for a park or the road and park were planned 41 40 C.F.R. § 1501.6. 42 40 C.F.R. §§ 1501.5(a), 1501.6(a). 43 40 C.F.R. § 1501.6(a)(2). 44 40 C.F.R. § 1506.3(c). 45 49 U.S.C. § 303(c). 46 See 23 C.F.R. §§ 7......
  • Answers to Key Questions about the Revised CEQ NEPA Regulations
    • United States
    • JD Supra United States
    • August 20, 2020
    ...environmental analysis, looking for any deficiency no matter how minor." (internal quotations and citation omitted)). 29Revised 40 C.F.R. §1501.6(c). See, e.g., Spiller v. White, 352 F.3d 235, 241 (5th Cir. 2003) (approving the use of a mitigated FONSI and collecting cases that held the sam......
  • Trump Administration Revamps the NEPA Regulations
    • United States
    • JD Supra United States
    • July 20, 2020
    ...and “shall state any enforceable mitigation requirements or commitments that will be undertaken to avoid significant impacts.” 40 C.F.R. § 1501.6(c). Elimination of Requirement to Consider “Cumulative The previous NEPA regulations defined the key term environmental “effects” (which is synon......
  • Department of Transportation Proposes New NEPA Procedures
    • United States
    • JD Supra United States
    • November 30, 2020
    ...and monitoring plans in a mitigated finding of no significant impact, building upon an approach provided by the new CEQ regulations (40 CFR 1501.6(c)). EIS and Record of The proposed rule would emphasize that the draft EIS should identify the OA’s preferred alternative(s), if one or more ex......
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6 books & journal articles
  • Traveling in opposite directions: roadless area management under the Clinton and Bush Administrations.
    • United States
    • Environmental Law Vol. 34 No. 4, September 2004
    • September 22, 2004
    ...277 F. Supp. 2d at 1227. (250) Id. at 1219-20. (251) NEPA regulations emphasize agency cooperation early in the NEPA process. 40 C.F.R. § 1501.6 (2003). States may become cooperating agencies with the agreement of the lead agency. Id. § (252) The lead agency is the one with primary responsi......
  • Table of Statutes
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Table of Statutes
    • Invalid date
    ...40 C.F.R. § 1501.5(c): 1.5(2) 40 C.F.R. § 1502.24: 1.6(2)(c) 40 C.F.R. § 1501.5(e): 1.5(2) 40 C.F.R. § 1503.1(a)(1)-(4): 1.5(6)(c) 40 C.F.R. § 1501.6: 1.5(2) 40 C.F.R. § 1503.3(a): 1.5(6)(c) 40 C.F.R. § 1501.7: 1.5(6)(a), 1.5(6)(b) 40 C.F.R. § 1503.4(a): 1.5(6)(c) 40 C.F.R. § 1501.7(a)(1): ......
  • §1.5 - NEPA Process
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 7: Environmental Regulation (WSBA) Chapter 1 National Environmental Policy Act
    • Invalid date
    ...a lead agency. 40 C.F.R. §1501.5(e). The CEQ regulations also provide a role for cooperating federal agencies in the NEPA process. 40 C.F.R. §1501.6; 40 C.F.R. §1508.5 (cooperating agency is defined as any Federal agency other than a lead agency which has jurisdiction by law or special expe......
  • Agency statutory authority and the Pennsylvania environmental rights amendment
    • United States
    • Georgetown Environmental Law Review No. 37-1, July 2024
    • July 1, 2024
    ...required, id. § 1501.3, then provide for a more expedited environmental assessment, which can lead to a finding of no significant impact, id. §1501.6. Only actions with significant impacts require a full environmental impact 69. Liberty Twp. v. Commonwealth, Dep’t of Env’t Prot., EHB Docket......
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