40 CFR 1508.18 - Major Federal action
| Cite as | 40 CFR 1508.18 |
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406 practice notes
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...General Revenue Sharing Funds CEQ proposed to strike the specific reference to the State and Local Fiscal Assistance Act of 1972 from 40 CFR 1508.18(a) and clarify that general revenue sharing funds do not meet the definition of major Federal action because the agency has no discretion. CEQ......
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...(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 (40 CFR 1508.21) Notice of Intent (40 CFR 1508.22) Proposal (40 CFR 1508.23) Scope (40 CFR 1508.25) ......
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Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
...of environmental review and analysis of Federal agency proposed actions, depending on the nature of the proposed action. As stated in 40 CFR 1508.18(a), proposed actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, ......
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Part II
...and FMCSA lacks control and responsibility over the effects of an action, that action is not subject to this Order. See 40 CFR 1500.6; 40 CFR 1508.18. Actions do not include bringing judicial or administrative civil or criminal enforcement actions. See 40 CFR These environmental procedures ......
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300 cases
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Western Land Exchange Proj. v. U.S. Bureau of Land, No. CVN02-0343-DWH(RAM).
...regulations, "major Federal actions" include "new and continuing activities, including projects ... approved by federal agencies," 40 C.F.R. § 1508.18(a), as well as "specific projects, such as construction or management activities located in a defined geographic area." 40 C.F.R. § 1508.18(......
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Native Ecosystems Council & Alliance for the Wild Rockies v. U.S. Forest Serv., Case No. 4:11–cv–00212–CWD.
...Federal action” as “actions with effects that may be major and which are potentially subject to Federal control and responsibility.” 40 C.F.R. § 1508.18. While that definition alone is not considerably instructive, the regulations state that “Federal actions tend to fall within one of [four......
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Ross v. Federal Highway Admin., Civil Action No. 97-2132-GTV.
...Village of Los Ranchos de Albuquerque, 906 F.2d at 1482 (quoting Sierra Club v. Hodel, 848 F.2d 1068, 1089 (10th Cir.1988) (citing 40 C.F.R. § 1508.18)). C. Under an APA review, "an agency's action must be upheld, if at all, on the basis articulated by the agency itself." Olenhouse, 42 F.3d......
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Ky. Coal Ass'n, Inc. v. Tenn. Valley Auth., CIVIL ACTION NO. 4:14CV-00073-JHM
...by federal agencies; new or revised agency rules, regulations, plans, policies, orPage 5procedures; and legislative proposals." 40 C.F.R. § 1508.18. An EIS is the most detailed and comprehensive level of review under NEPA regulations. Tennessee Environmental Council, 2014 WL 3810740, *4 (ci......
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7 firm's commentaries
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Briefing Paper on BLM's July 24, 2018 Instruction Memorandum Related to Compensatory Mitigation (IM 2018-093)
...the human environment. 42 U.S.C. § 4332(2)(C). CEQ’s implementing regulations outline what constitutes a “Major Federal action,” 40 C.F.R. § 1508.18, and what impacts are “significant.” 40 C.F.R. § 1508.27. 19 Final Guidance at pp. 4-5 (citing 40 CFR § 1508.20) (emphasis added). 20Id. at p.......
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The Potential Effect Of Environmental Regulations, Citizen Suits On The Costs Of Doing Business In The Arctic: A Comparison Of U.S. And Norwegian Approaches
...James R. May, Now More Than Ever: Trends in Environmental Citizen Suits at 30, 10 WIDENER L. REV. 1, 8 (2003). 71 42 U.S.C. § 4332. 72 40 C.F.R. 1508.18. 73 Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989) ("NEPA itself does not mandate particular 74 Native Village of P......
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FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and Distributed Antenna Systems
...of Communications Towers on Migratory Birds, WT Docket Nos. 08-61, 13-187, Order on Remand, 26 FCC Rcd 16700, 16702-03 (2011)). 6 40 C.F.R. § 1508.18. 7 NPRM at 9-10, ¶¶ 19-20 (citing 40 C.F.R. §§ 1501.4, 1507.3(b)(2), 1508.4, 1508.9, 1508.11, 1508.13). 8 Id. at 10, ¶ 21. 9 Id. at 11, ¶ 25 ......
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Trump's Proposed NEPA Regulations Likely To Face Legal Challenge
...significantly affecting the quality of the environment and which are "potentially subject to Federal control and responsibility." 40 C.F.R. § 1508.18. Under current NEPA regulations, agency policies (including rules, regulations and interpretations), plans, programs and project permits can ......
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11 books & journal articles
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Pesticide Litigation
...to enjoin pesticide-spraying programs, because a material cannot be “discarded” and a “solid waste” subject to regulation 223. 40 C.F.R. § 1508.18(a). 224. W. Watersheds Project v. U.S. Forest Serv., 2017 U.S. Dist. LEXIS 193021, at *5 (D. Ohio Nov. 20, 2017) (citing Robertson v. Methow Val......
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Environmental review of western water project operations: where NEPA has not applied, will it now protect farmers from fish?
...to NEPA "if it would cause effects on the human environment (40 CFR 1508.14), and is subject to bureau control and responsibility (40 CFR 1508.18)." (91) In promulgating the rules, Interior stated that it was retaining its constituent units' NEPA implementing procedures and guidance, which ......
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Solid Ground: Using Mitigation to Achieve Greater Predictability, Faster Project Approval, and Better Conservation Outcomes
...Guide to the NEPA (2007), available at https://ceq.doe.gov/docs/get-involved/Citizens_Guide_ Dec07.pdf. 8. 42 U.S.C. §4321. 9. 40 C.F.R. §1508.18 (2018). 10. Id . §1508.27. Determining whether impacts are “signiicant” requires consideration of both context and intensity. 11. Id . §1502.4. 1......
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Practicable Alternatives for Wetlands Development Under the Clean Water Act
...NEPA L L].9. 49 U.S.C. §303(c)(1).10. 42 U.S.C. §§4331-4347.11. Id. §4332(2)(C). A §404 permit is a federal action. 40 C.F.R. §1508.18 (2018). Council on Environmental Quality regulations that implement the statute provide that “‘[m]ajor’ reinforces but does not have meaning ......
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