40 CFR 1502.22 - Incomplete or unavailable information

Cite as40 CFR 1502.22
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230 practice notes
  • National Forest System Land Management Planning
    • United States
    • Federal Register April 09, 2012
    • April 9, 2012
    ...The requirements of this final rule section are also separate from those of the Council on Environmental Quality's NEPA regulations, (40 CFR 1502.22(b)), which in some circumstances require the responsible official to seek out missing or incomplete scientific information needed for an envir......
  • Separate Parts In This Issue Part II Interior Department, Land Management Bureau,
    • United States
    • Federal Register August 14, 2007
    • August 14, 2007
    ...and] quality of the data involved'' to ensure that the BLM is ``employing the Best Available Science.'' Response: CEQ regulations at 40 CFR 1502.22 and 1502.24 include requirements that an EIS include ``credible scientific evidence'' (1502.22), and that ``agencies shall ensure the professio......
  • Part II
    • United States
    • Federal Register August 14, 2007
    • August 14, 2007
    ...and] quality of the data involved'' to ensure that the BLM is ``employing the Best Available Science.'' Response: CEQ regulations at 40 CFR 1502.22 and 1502.24 include requirements that an EIS include ``credible scientific evidence'' (1502.22), and that ``agencies shall ensure the professio......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...of incomplete or unavailable information regarding reasonably foreseeable significant adverse effects.\6\ CEQ found that the new 40 CFR 1502.22 ``will generate information and discussion on those consequences of greatest concern to the public and of greatest relevance to the agency's decisi......
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177 cases
  • Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • May 4, 2010
    ...the mine project despite the lack of adequate baseline information that would only be developed in the future, a violation of 40 C.F.R. § 1502.22(a). That regulation addresses incomplete or unavailable information in an environmental impact statement and provides, “If the incomplete informa......
  • Oregon Natural Resources Council v. Marsh, Civ. No. 85-6433-BU
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • February 10, 1994
    ...an additional supplement, they must explain why such an undertaking is not necessary or feasible. See 33 C.F.R. § 230.11(d) (1987); 40 C.F.R. § 1502.22 (1992); Marsh, 490 U.S. at 379 and 385, 109 S.Ct. at 1862 and 1865. Defendants must demonstrate that they have made a reasoned evaluation o......
  • Oceana v. Bureau of Ocean Energy Mgmt., Civil Action No.: 12-0981 (RC)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 31, 2014
    ...violated NEPA in three ways: (1) by failing to gather information essential to a reasoned choice among alternatives in violation of 40 C.F.R. § 1502.22; (2) by failing to adequately consider new analyses of the risks of another large oil spill;Page 10and (3) by failing to consider a true "n......
  • Center for Biological Diversity v. Bureau of Land, No. C 03-02509 SI.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 14, 2006
    ...alternatives and the overall costs of obtaining it are not exorbitant," the BLM was required to include the information in the EIS. 40 C.F.R. § 1502.22(a).36 The EIS does not contain any statement that there is incomplete or unavailable information to explain the BLM's failure to even ident......
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3 firm's commentaries
  • D.C. Circuit Requires Further Consideration of Social Cost of Carbon in NEPA Analysis
    • United States
    • LexBlog United States
    • August 18, 2021
    ...the SCC in their analysis, often relying on the well-established rule that NEPA generally does not mandate cost-benefit analysis. See 40 C.F.R. 1502.22. Enter Vecinos, the most recent decision in an evolving area of law. The case concerned FERC approval of liquefied natural gas export termi......
  • D.C. Circuit Requires Further Consideration Of Social Cost Of Carbon In NEPA Analysis
    • United States
    • Mondaq United States
    • August 19, 2021
    ...the SCC in their analysis, often relying on the well-established rule that NEPA generally does not mandate cost-benefit analysis. See 40 C.F.R. 1502.22. Enter Vecinos, the most recent decision in an evolving area of law. The case concerned FERC approval of liquefied natural gas export termi......
  • D.C. Circuit Requires Further Consideration Of Social Cost Of Carbon In NEPA Analysis
    • United States
    • Mondaq United States
    • August 19, 2021
    ...the SCC in their analysis, often relying on the well-established rule that NEPA generally does not mandate cost-benefit analysis. See 40 C.F.R. 1502.22. Enter Vecinos, the most recent decision in an evolving area of law. The case concerned FERC approval of liquefied natural gas export termi......
3 books & journal articles
  • National Environmental Policy Act
    • United States
    • Federal Administrative Procedure Sourcebook, Fifth Edition 2016
    • January 1, 2016
    ...requiring an EIS, the preparation of draft, supplemental and final statements, page limits, recommended format and content (all in 40 C.F.R Part 1502); the comment process (Part 1503); predecision referral of interagency disputes to CEQ (Part 1504); integration with agency decisionmaking (P......
  • A Road Map to a Better NEPA: Why Environmental Risk Assessments Should be Used to Analyze the Environmental Consequences of Complex Federal Actions
    • United States
    • Sustainable Development Law & Policy Nbr. VIII-1, September 2007
    • September 1, 2007
    ...quality Guidelines, available at http://www.blm.gov/nhp/efoia/data_quality/guidelines.pdf (last visited Nov. 3, 2007). [37] 40 C.F.R. § 1502.22. [38] The scope of an EIS is relatively wide and requires the agency to "discuss the purpose and need for the proposed action, environmental impact......
  • Infrastructure and Development in an Era of Extreme Weather Events: We Need the National Environmental Policy Act!
    • United States
    • Sustainable Development Law & Policy Nbr. XVIII-2, April 2018
    • April 1, 2018
    ...Marsh, 976 F. 2d 763, 767 (1st Cir. 1992); see 40 C.F.R. §1508.18; 40 C.F.R. § 1508.27; 40 C.F.R. §1508.8; 40 C.F.R. §1508.14. 20 See 40 C.F.R. §1502.22(b)(4); see also Robertson v. Method Valley Citizen Council, 490 U.S. 322, 354 (1989). 21 See San Luis Obispo Mothers for Peace v. Nuclear ......

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