40 CFR 1500.3 - Mandate

Cite as40 CFR 1500.3
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
115 practice notes
102 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
    ...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......
  • 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
    ...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......
  • Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng., Civil Action No. 3:05-0784.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • March 23, 2007
    ...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 "......
  • Pac. Coast Fed'n of Fishermen's Ass'ns v. U.S. Dep't of the Interior, No. 1:12–CV–01303–LJO–MJS.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 8, 2013
    ...in 1981, the Council on Environmental Quality (“CEQ”), the agency charged with designing NEPA's implementing regulations, see40 C.F.R. § 1500.3, issued an informatory “Memorandum to Agencies Containing Answers to 40 Most Asked Questions on NEPA Regulations.” 46 Fed. Reg. 18,026–01 (March 23......
  • Request a trial to view additional results
3 firm's commentaries
  • Sea Change? Proposed Updates To NEPA Regulations Seek To Streamline Review Process, But Also Spur Controversy
    • United States
    • Mondaq United States
    • February 26, 2020
    ......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." ......
  • Trump Administration Revamps the NEPA Regulations
    • United States
    • JD Supra United States
    • July 20, 2020
    ...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......
  • Answers to Key Questions about the Revised CEQ NEPA Regulations
    • United States
    • JD Supra United States
    • August 20, 2020
    ...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 ......
1 books & journal articles
  • Will climate change help or harm species listing?
    • United States
    • Sustainable Development Law & Policy Nbr. X-3, April 2010
    • April 1, 2010
    ...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.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT