40 CFR 1508.15 - Jurisdiction by law

Cite as40 CFR 1508.15
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37 practice notes
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • February 25, 2000
    ...Agency (40 CFR 1508.12) Finding of No Significant Impact (FONSI) (40 CFR 1508.13) Human Environment (40 CFR 1508.14) Jurisdiction by Law (40 CFR 1508.15) Lead Agency (40 CFR 1508.16) Legislation (40 CFR 1508.17) Major Federal Action (40 CFR 1508.18) Mitigation (40 CFR 1508.20) NEPA Process ......
  • Part II
    • United States
    • Federal Register March 01, 2004
    • March 1, 2004
    ...case basis, for determining whether to invite, decline, or end cooperating agency status: (i) Whether the agency has jurisdiction by law (40 CFR 1508.15) (e.g., Does the agency have authority to approve, veto, or finance a proposal or portions of a (ii) Does the cooperating agency have the ......
  • Resource Management Planning
    • United States
    • Federal Register December 12, 2016
    • December 12, 2016
    ...on Environmental Quality's NEPA implementation regulations' definition of special expertise (40 CFR 1508.26) and jurisdiction by law (40 CFR 1508.15). These requirements apply to both Federal and Federal governments, such as State, local, and tribal governments. The BLM will continue to use......
  • National Environmental Policy Act; implementation,
    • United States
    • Federal Register March 01, 2004
    • March 1, 2004
    ...case basis, for determining whether to invite, decline, or end cooperating agency status: (i) Whether the agency has jurisdiction by law (40 CFR 1508.15) (e.g., Does the agency have authority to approve, veto, or finance a proposal or portions of a (ii) Does the cooperating agency have the ......
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10 cases
  • Ky. Coal Ass'n, Inc. v. Tenn. Valley Auth., CIVIL ACTION NO. 4:14CV-00073-JHM
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • February 2, 2015
    ...actions significantly affecting the quality of the human environment.'" Id. at *4 (citing 42 U.S.C. § 4332(2)(C); 40 C.F.R. §§ 1502.1, 1508.15; Southwest Williamson County Community Ass'n, Inc. v. Slater, 243 F.3d 270, 274 n. 3 (6th Cir. 2001)). "Major" has no meaning indepen......
  • Nevada v. Department of Energy, No. 04-1309.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 8, 2006
    ..."Jurisdiction by law" is defined as "agency authority to approve, veto, or finance all or part of the proposal," 40 C.F.R. § 1508.15, and "special expertise" is defined as "statutory responsibility, agency mission, or related program experience," 40 C......
  • Ky. Coal Ass'n, Inc. v. Tenn. Valley Auth., Civil Action No. 4:14CV–00073–JHM.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • February 3, 2015
    ...actions significantly affecting the quality of the human environment.’ ” Id. at 883 (citing 42 U.S.C. § 4332(2)(C) ; 40 C.F.R. §§ 1502.1, 1508.15 ; Southwest Williamson County Community Ass'n, Inc. v. Slater, 243 F.3d 270, 274 n. 3 (6th Cir.2001) ). “Major” has no meaning independent of “si......
  • Tenn. Envtl. Council v. Tenn. Valley Auth., No. 3:13–CV–374–TAV–HBG.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • August 1, 2014
    ...for “major [f]ederal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C) ; 40 C.F.R. §§ 1502.1, 1508.15 ; Sw. Williamson Cnty. Ass'n, Inc. v. Slater, 243 F.3d 270, 274 n. 3 (6th Cir.2001). “Major” has no meaning independent of “significantly,” and “......
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4 books & journal articles
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...provide comments directly to the requesting agency speciically related to the Corps jurisdiction by law or special expertise as deined in 40 CFR 1508.15 and 1508.26 and identiied in Appendix II of CEQ regulations (49 FR 49750, December 21, 1984). If the district engineer determines that ano......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands deskbook. 4th edition Appendices
    • April 11, 2015
    ...provide comments directly to the requesting agency speciically related to the Corps jurisdiction by law or special expertise as deined in 40 CFR 1508.15 and 1508.26 and identiied in Appendix II of CEQ regulations (49 FR 49750, December 21, 1984). If the district engineer determines that ano......
  • Phasing Out the Use of Fossil Fuels for the Generation of Electricity
    • United States
    • Legal pathways to deep decarbonization in the United States Part V - Electricity Decarbonization
    • March 24, 2019
    ...have held that, in undertaking this analysis of alternatives, agencies must consider possible methods for mitigating the action’s 109. 40 C.F.R. §1508.15 deines a “major federal action” to include “actions with efects that may be major and which are potentially subject to Federal control an......
  • Appendix 25: Cooperating Agencies in Implementing the Procedural Requirements of NEPA
    • United States
    • NEPA Deskbook 4th Edition Appendices
    • April 6, 2014
    ...- Factors for Determining Factors for Determining Whether to Invite, Decline or End Cooperating Agency Status 1. Jurisdiction by law (40 C.F.R. § 1508.15) – for example, agencies agencies shall be a cooperating agency (1501.6); non-federal agencies may be invited (40 C.F.R. § 1508.5)]: Does......

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