40 CFR 1500.3 - Mandate
| Cite as | 40 CFR 1500.3 |
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120 practice notes
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...has promulgated regulations to guide [F]ederal agencies in determining what actions are subject to that statutory requirement.'' (citing 40 CFR 1500.3)). The new regulations are intended to embody CEQ's interpretation of NEPA for Chevron purposes and to operate as legislative rules.\16\ See......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...has promulgated regulations to guide [F]ederal agencies in determining what actions are subject to that statutory requirement.'' (citing 40 CFR 1500.3)); United States v. Mead Corp., 533 U.S. 218, 227-30 (2001) (properly promulgated agency interpretative regulations addressing ambiguities o......
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Procedures for Considering Environmental Impacts
...should be made available online where appropriate and practicable. Finally, this provision would incorporate CEQ's requirements from 40 CFR 1500.3(b), 1500.4(n), and 1503.3, that public comments be solicited as early in the process as possible, that they be specific, and that OAs provide no......
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National Environmental Policy Act Compliance for Proposed Tower Registrations; Effects of Communications Towers on Migratory Birds
...implementing the procedural provisions of NEPA * * * except where compliance would be inconsistent with other statutory requirements.'' 40 CFR 1500.3. Thus, as mandated by NEPA, each Federal agency issues its own regulations and procedures that implement its NEPA responsibility to identify ......
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104 cases
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Central Delta Water v. Fish and Wildlife, No. 1:09-CV-00861 OWW DLB.
...been fixed by its behavior, nor has it taken (or refused to take) action so as to impose any legal consequence on any party." Id. c. 40 C.F.R. § 1500.3. In arguing that their NEPA claim is reviewable under APA § 704, Plaintiffs point to 40 C.F.R. § 1500.3, a regulation promulgated by the CE......
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...its own implementing regulations not inconsistent with CEQ regulations. 42 U.S.C. § 4332(B); 40 C.F.R. § 1500.1(a); 40 C.F.R. § 1500.2; 40 C.F.R. § 1500.3; 40 C.F.R. § 1500.6; Robertson v. Methow ValleyPage 3 Citizens Council, 490 U.S. 332, 354 (1989).• COE: Army Corps of Engineers.• CWA: C......
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Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng., Civil Action No. 3:05-0784.
...federal agencies fulfill their obligations under NEPA. The CEQ has promulgated extensive regulations in furtherance of this mandate. 40 C.F.R. § 1500.3. Under the CEQ regulations, agencies must consider both the "context" and the "intensity" of a proposed action to determine if the action "......
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Ohio Valley Envtl. Coal., Inc. v. U.S. Army Corps of Eng'rs, Civil Action No. 2:12-6689
...J., in chambers) (affording "great weight" to CEQ determinations); Executive Order 11,991, 42 Fed.Page 10Reg. 26,967 (May 24, 1977); 40 C.F.R. § 1500.3 (2013). In accordance with both sets of regulations, the Corps prepares a "concise public document" called an Environmental Assessment ("EA......
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3 firm's commentaries
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Sea Change? Proposed Updates To NEPA Regulations Seek To Streamline Review Process, But Also Spur Controversy
......Methow Valley Citizens Council,16 the proposed language in 40 C.F.R. § 1500.1 states that NEPA does not mandate particular results or substantive outcomes." ......
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Trump Administration Revamps the NEPA Regulations
...These provisions include those relating to the waiver of issues not raised with sufficient specificity during public comment periods (40 C.F.R. § 1500.3(b)); the requirement that a plaintiff post a bond or other security to obtain a preliminary injunction (§ 1500.3(c)); and the remedies und......
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Answers to Key Questions about the Revised CEQ NEPA Regulations
...is now well settled that NEPA itself does not mandate particular results, but simply prescribes the necessary process."). 25Revised 40 C.F.R. § 1500.3(b)(3) (codifying the holding in Dep't of Transp. v. Pub. Citizen, 541 U.S. 752, 764-65 (2004)). Note that courts have recognized exceptions ......
3 books & journal articles
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The Maryland Environmental Policy Act: Resurrecting a Tool for Environmental Protection
...Application Across U.S. Borders , 14 Duke Envtl. L. & Pol’y F. 325, 326 (2004). 58. Id. 59. See Lazarus, supra note 44, at 1518-19. 60. 40 C.F.R. §1500.3. Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. ......
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Will climate change help or harm species listing?
...that environment”). 54 See generally 42 U.S.C. § 4332(2) (2010). 55 42 U.S.C. § 4321 (2010). 56 42 U.S.C. § 4332(2)(F)-(H) (2010). 57 40 C.F.R. §§ 1500.3-6 (2010). 58 See CEQ, supra note 47. 59 40 C.F.R. § 1508.27 (2010). 60 See, e.g. , Ctr. for Biological Diversity v. Nat’l Highway Transp.......
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Administering the National Environmental Policy Act
...applicable to and binding on all Federal agencies for implementing the procedural provisions of [NEPA].” 43 Fed. Reg. at 55991, 40 C.F.R. §1500.3. “All agencies of the Federal Government shall comply with these regulations.” 43 Fed. Reg. at 56002, 40 C.F.R. §1507.1). hrough an erroneous int......