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Citation 40 C.F.R. §1502.21

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3 cases
  • Rocky Mountain Wild v. Dallas
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 19, 2024
    ...565 F.3d at 704. We may also consider non-NEPA documents that have been incorporated by reference into the NEPA documents. See 40 C.F.R. § 1502.21 (requiring agencies to "incorporate material into an [EIS] by reference" to "cut down on bulk"). However, on a hard look review under NEPA, we d......
  • Ctr. for Biological Diversity v. U.S. Forest Serv.
    • United States
    • U.S. District Court — District of Montana
    • August 17, 2023
    ...material . . . by reference when the effect will be to cut down on bulk without impeding agency and public review of the action." Id. § 1502.21. Importantly, however, incorporation by reference is only allowed "into an environmental impact statement," not into an environmental assessment. N......
  • Md. Chapter of the Sierra Club v. Fed. Highway Admin.
    • United States
    • U.S. District Court — District of Maryland
    • March 20, 2024
    ...persons within the time allowed for comment[]” or “material based on proprietary data that is not available for review and comment.” 40 C.F.R. § 1502.21. Accordingly, requires that the public receive underlying “environmental data” from which the agency's expert derives his or her opinion a......
1 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
    ...and a nearby city challenged, arguing, inter alia, that the Commission was obligated to use the social cost of carbon in light of 40 C.F.R. § 1502.21, a CEQ regulation implementing NEPA which requires agencies to evaluate impacts based on theoretical approaches or research methods “generall......
2 books & journal articles
  • Council on Environmental Quality Substantially Rewrites National Environmental Policy Act Regulations
    • United States
    • Full Court Press The Journal of Federal Agency Action No. 2-5, September 2024
    • Invalid date
    ...changes to the environment, and when such information is incomplete or unavailable, provide relevant information consistent with § 1502.21." 55 Notably, there is no definition of "Indigenous Knowledge," despite its use in various sections of the regulations. The preamble states that it was ......
  • National Environmental Policy Act
    • United States
    • ABA General Library Federal Administrative Procedure Sourcebook, Fifth Edition 2016
    • January 1, 2016
    ...dis- 17 900 NATIONAL ENVIRONMENTAL POLICY ACT cussions of the same issues (Secs. 1502.4 and 1502.20). (j) Incorporating by reference (Sec. 1502.21). (k) Integrating NEPA requirements with other environmental review and consultation requirements (Sec. 1502.25). (l) Requiring comments to be a......