40 CFR 1502.21 - Incorporation by reference
| Cite as | 40 CFR 1502.21 |
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164 practice notes
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Part V
...have been considered in such a document. EPA will incorporate by reference any pertinent part of that document consistent with 40 CFR 1502.21. (e) During the decision-making process for the proposed action, the Responsible Official (1) Incorporate the NEPA review in decision-making on the a......
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Part III
...process described in this subpart may be incorporated directly or by reference into subsequent NEPA documents, in accordance with 40 CFR 1502.21, (1) The NEPA lead agencies agree that such incorporation will aid in establishing or evaluating the purpose and need for the Federal action, reas......
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Planning assistance and standards:
Statewide and metropolitan transportation planning,
...process described in this subpart may be incorporated directly or by reference into subsequent NEPA documents, in accordance with 40 CFR 1502.21, (1) The NEPA lead agencies agree that such incorporation will aid in establishing or evaluating the purpose and need for the Federal action, reas......
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Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning
...process described in this subpart may be incorporated directly or by reference into subsequent NEPA documents, in accordance with 40 CFR 1502.21, (1) The NEPA lead agencies agree that such incorporation will aid in establishing or evaluating the purpose and need for the Federal action, reas......
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86 cases
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Sierra Club v. Babbitt, No. CV F 99-5219 AWI DLB.
...to an EA. Thus although the CEQ regulations permit, under stringent standards discussed below, incorporation by reference in an EIS, 40 C.F.R. § 1502.21, no such provision is made for an EA. On the contrary, the regulations appear to contemplate that an EA will be a concise public document ......
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Sovereign Inupiat for a Living Arctic v. Bureau of Land Mgmt., 3:20-cv-00290-SLG
...then past and present actions and RFFAs affecting the resources evaluated in the EIS were identified and evaluated.”); see also 40 C.F.R. § 1502.21 (2019) (incorporation by reference). SILA Plaintiffs cite to Kern, 284 F.3d at 1076. However, Kern merely notes that an “EA may be deficient if......
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San Francisco Baykeeper v. Army Corps of Engineers, No. C 01-0602 CW.
...should be incorporated into the agency's final environmental report "to the maximum extent practicable." 33 C.F.R. § 230.26(b); 40 C.F.R. § 1502.21. 7. In Steamboaters, the agency failed to produce an EA at all. In this case, the Corps produced an EA addressing the same issues the Port had ......
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State of Cal. v. Bergland, No. S-79-523.
...the material must be "reasonably available for inspection by potentially interested persons within the time allowed for comment." (40 C.F.R. 1502.21 (1978)). Second, the statement itself must still be understandable without undue cross reference. 40 C.F.R. 1500.8(b) (1976). Finally, the app......
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3 firm's commentaries
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D.C. Circuit Requires Further Consideration of Social Cost of Carbon in NEPA Analysis
...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......
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DC Circuit Directs FERC to Consider Environmental Impacts of LNG Facilities
...Act (APA). The petitioners first argued that, pursuant to the Council on Environmental Quality’s (CEQ) regulations implementing NEPA (40 C.F.R. § 1502.21(c)), FERC was required to use the “social cost of carbon” protocol or another “generally accepted methodology” to analyze the impacts of ......
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NEPA Compliance For Projects Funded Under The American Recovery And Reinvestment Act Of 2009: Is Your Project 'Shovel Ready'?
...NEPA analyses and documentation for the project or activity for potential adoption (40 C.F.R. 1506.3) or incorporation by reference (40 C.F.R. 1502.21); and (e) engage CEQ to address specific NEPA compliance concerns and issues. Consequently, strategically managing the application process u......
3 books & journal articles
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NEPA and Assessment of Greenhouse Gas Emissions
...to reports issued by the U.S. Global Change Research Program as documents that agencies can incorporate by reference pursuant to 40 C.F.R. §1502.21. 45 One could argue that such reports are the functional equivalent of an EIS, to the extent that they address the cumulative impacts of GHG em......
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Assessing the Impacts of Climate Change on the Built Environment: A Framework for Environmental Reviews
...documents, as long as the materials are reasonably available for inspection by potentially interested persons in accordance with 40 C.F.R. §1502.21. iii. Vulnerability and/or resilience of afected environment: Disclose any existing information about the extent to which speciic components of......
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NEPA Review of Climate Change
...1508.25 (2012). “Agencies may incorporate USGCRP studies and reports by reference in any discussion of GHG emissions and their efects. 40 C.F.R. §1502.21.” Nancy H. Sutley, CEQ, Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Gas Emissions 5 (2010), avai......