40 CFR 1501.5 - Lead agencies

Cite as40 CFR 1501.5
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219 practice notes
  • Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
    • United States
    • Federal Register August 03, 2016
    • August 3, 2016
    ...requirements and are not exempt. Sec. 799.13 FSA as lead agency. (a) When FSA acts as the lead agency in a NEPA review as specified in 40 CFR 1501.5, FSA (1) Coordinate its review with other appropriate Federal, State, and Tribal governments; and (2) Request other agencies to act as coopera......
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...the 1985 procedures at section 4(d), ``Environmental Assessment,'' which provided guidance for the preparation of EAs. In accordance with 40 CFR 1501.5 and 1508.1(h), proposed paragraph (a) would explain when an EA must be prepared. Proposed paragraph (b) would provide the required elements......
  • Removal of Environmental Considerations Regulations
    • United States
    • Federal Register August 22, 2016
    • August 22, 2016
    ...will file the request with CEQ for determination.\25\ --------------------------------------------------------------------------- \23\ 40 CFR 1501.5 addresses when a lead agency is required, the process for determining a lead agency, and the responsibilities of the lead \24\ 44 CFR 10.7(b)(......
  • Securing Updated and Necessary Statutory Evaluations Timely
    • United States
    • Centers For Medicare And Medicaid Services,Public Health Service,The Inspector General Office
    • Invalid date
    ...says an environmental assessment may be necessary, including consideration of alternatives as required by section 102(2)(E) of NEPA, 40 CFR 1501.5(c)(2), if it is unclear whether the rule will significantly affect the environment. But it is clear that this rule alone does not have a signifi......
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53 cases
  • Central Delta Water v. Fish and Wildlife, No. 1:09-CV-00861 OWW DLB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 8, 2009
    ...lead agency in preparing the EIS, but allow agencies to serve as "joint lead agencies" in order to facilitate inter-agency cooperation. 40 C.F.R. § 1501.5. 4. 5. Plaintiffs' reliance on Sierra Club v. USACE is similarly misplaced. There, the Army Corps of Engineers issued an Environmental A......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...signs the EIS, is responsible for ensuring the involvement of all other agencies involved and supervising the EIS preparation. 40 C.F.R. §§ 1501.5(a), 1501.6(a). . . . Cooperating agencies are permitted to adopt an EIS signed by the lead agency, provided they undertake 'an independent revie......
  • Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
    • United States
    • California Court of Appeals
    • March 20, 2014
    ...Resources Code, § 210672; Guidelines, §§ 15050–15051.) The corps is the lead agency under the National Environmental Policy Act. ( 40 C.F.R. § 1501.5(a)(2) (2013); see Save Our Ecosystems v. Clark (9th Cir.1984) 747 F.2d 1240, 1249.)b. precertification and issuance events As noted, the spec......
  • Westlands Water Dist. v. US Dept. of Interior, No. CV-F-93-5327 OWW SSH.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 3, 1994
    ...government suggests plaintiffs seek simultaneous and redundant NEPA analysis by NMFS and the Bureau. No complainant seeks such relief. 40 C.F.R. § 1501.5 et seq. prescribes the procedure where more than one federal agency is interested in action which requires an EIS by providing a designat......
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7 firm's commentaries
1 books & journal articles
  • Transporting Oil and Gas: U.S. Infrastructure Challenges
    • United States
    • Iowa Law Review Nbr. 100-3, March 2015
    • March 1, 2015
    ...decides whether to approve a proposed interstate pipeline and is then the lead agency on NEPA environmental reviews the plan. See 40 C.F.R. § 1501.5(a)–(c) (2014). 427. See U.S. GOV’T ACCOUNTABILITY OFFICE, supra note 389, at 12–13. 428. PARFOMAK, supra note 401, at 6. 429. Id. Congress has......

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