40 CFR 1502.21 - Incorporation by reference

Cite as40 CFR 1502.21
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150 practice notes
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...should specify shorter timeframes. 10. Tiering and Incorporation by Reference (Sec. Sec. 1501.11 and 1501.12) CEQ proposes to move 40 CFR 1502.21, ``Tiering,'' and 40 CFR 1502.22, ``Incorporation by reference,'' to proposed new Sec. Sec. 1501.11 and 1501.12, respectively, because these prov......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...to paragraph (c) in the final rule with the edits as proposed. 11. Incorporation by Reference (Sec. 1501.12) CEQ proposed to move 40 CFR 1502.21, ``Incorporation by reference,'' to a new Sec. 1501.12 and change ``environmental impact statements'' to ``environmental documents'' because this ......
  • Additional Authorities for Planning and Environmental Linkages
    • United States
    • Federal Register September 10, 2014
    • September 10, 2014
    ...section 168 is a PEL authority in addition to other existing authorities for PEL such as 23 CFR sections 450.212(b) and 450.318(b), and 40 CFR 1502.21 (incorporation by reference). See 23 U.S.C. 168(f)(3). The introduction would establish the effect of the adoption process under section 168......
  • Part III
    • United States
    • Federal Register February 14, 2007
    • February 14, 2007
    ...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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79 cases
  • California ex rel. Imperial Cnty. Air Pollution Control Dist. v. U.S. Dep't of the Interior, Nos. 12–55856
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 19, 2014
    ...a later stage.” 40 C.F.R. § 1508.28.The CEQ regulations also require agencies to incorporate by reference NEPA and non-NEPA documents. 40 C.F.R. § 1502.21 (“Agencies shall incorporate material into an environmental impact statement by reference when the effect will be to cut down on bulk wi......
  • Sierra Club v. Babbitt, No. CV F 99-5219 AWI DLB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • July 12, 1999
    ...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 ......
  • California ex rel. Imperial Cnty. Air Pollution Control Dist. v. United States Dep't of Interior, Civil No. 09cv2233 AJB (PCL)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • April 6, 2012
    ...regulations specifically permit (and in some circumstances require7 ) agencies to incorporate documents by reference into an EIS. See 40 C.F.R. § 1502.21; Balt. Gas & Elec. Co. v. NRDC, 462 U.S. 87, 99 n.12 (1983); City of Sausalito v. O'Neill, 386 F.3d 1186,Page 51214 (9th Cir. 2004); Kern......
  • Sovereign Inupiat for a Living Arctic v. Bureau of Land Mgmt., 3:20-cv-00290-SLG
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • August 18, 2021
    ...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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