40 CFR 1501.1 - Purpose
| Cite as | 40 CFR 1501.1 |
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64 practice notes
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...and Agency Planning (Part 1501) CEQ proposed significant changes to modernize and clarify part 1501. CEQ proposed to replace the current 40 CFR 1501.1, ``Purpose,'' because it is unnecessary and duplicative, with a new section, ``NEPA threshold applicability analysis,'' to address threshold......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...Revisions to NEPA and Agency Planning (Part 1501) CEQ proposes significant changes to part 1501. CEQ proposes to replace the current 40 CFR 1501.1, ``Purpose,'' because it is unnecessary and duplicative, with a new section to address threshold considerations. CEQ proposes to add additional ......
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Procedures for Considering Environmental Impacts
...by State, Tribal, or local agencies, or other public or private applicants, unless otherwise exempted).'' The CEQ regulations at 40 CFR 1501.1 and 1507.3(d) provide that agencies should identify activities or decisions that are not subject to NEPA. This section would exclude transportation ......
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WildEarth Guardians v. Bernhardt, Civil Action No. 16-1724 (RC)
...NEPA requires that federal agencies consider the environmental consequences of their actions. See 42 U.S.C. §§ 4321 – 4370(h) ; 40 C.F.R. § 1501.1. NEPA directs agency decisionmakers to identify and understand the environmental effects of proposed federal actions and to inform the public of......
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53 cases
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WildEarth Guardians v. Bernhardt, Civil Action No. 16-1724 (RC)
...NEPA requires that federal agencies consider the environmental consequences of their actions. See 42 U.S.C. §§ 4321 – 4370(h) ; 40 C.F.R. § 1501.1. NEPA directs agency decisionmakers to identify and understand the environmental effects of proposed federal actions and to inform the public of......
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Wilderness Society v. Bosworth, No. CV-97-208-M-LBE.
...assessment of environmental impacts and that the public will receive adequate notice to comment on these substantial changes. See 40 C.F.R. §§ 1501.1, 1502.1, 1503.1 (1999); Oregon Envtl. Council v. Kunzman, 817 F.2d 484, 492 (9th 3. THE PARTIES' POSITIONS Plaintiffs assert here that a supp......
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Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng., Civil Action No. 3:05-0784.
..."[i]dentify[] at an early stage the significant environmental issues deserving of study and deemphasiz[e] insignificant issues...." 40 C.F.R. § 1501.1(d). Similarly, the 404(b)(1) Guidelines, in prohibiting discharges that "have an unacceptable adverse impact either individually or in combi......
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Stand Up for California! v. United States Dep't of Interior, 2:16-cv-02681-AWI-EPG
...recognize these express exclusions amongst the threshold issues that agencies must assess when determining whether NEPA applies. 40 C.F.R. § 1501.1(a)(4), (a)(5). While promulgated after the facts of this case were set, these revisions to the major federal action definition are not revoluti......
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4 firm's commentaries
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Sea Change? Proposed Updates To NEPA Regulations Seek To Streamline Review Process, But Also Spur Controversy
...to choose a less environmentally damaging course of action. NEPA Does Not Apply to Every Agency Decision. The proposed changes in 40 C.F.R. § 1501.1(a)(2), codify a threshold applicability analysis framework that directs agencies to consider whether NEPA applies in the first instance.17 A......
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Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry
...the range of actions subject to NEPA review in a manner largely consistent with past court decisions. For example, under the revised 40 CFR § 1501.1, NEPA review is inappropriate when a federal action involves a non-discretionary agency obligation or when environmental review procedures und......
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CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations
...purely speculative. Clarifies When NEPA Applies: NEPA Thresholds: The final rule includes a “NEPA threshold” section (to be codified at 40 C.F.R. § 1501.1) with several factors for agencies to consider when determining whether NEPA applies to a proposed action, including whether: (1) anothe......
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CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations
...purely speculative. Clarifies When NEPA Applies: NEPA Thresholds: The final rule includes a “NEPA threshold” section (to be codified at 40 C.F.R. § 1501.1) with several factors for agencies to consider when determining whether NEPA applies to a proposed action, including whether: (1) anothe......
1 books & journal articles
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Appendix 25: Cooperating Agencies in Implementing the Procedural Requirements of NEPA
...proposed actions’ relationship to the objectives of regional, State and local land use plans, policies and controls (1502.16(c))? (40 C.F.R. §§ 1501.1(d) and 1501.7) 1 of 3 Attachment 1 - Factors for Determining Page 45 NPA ’es oo 6. Can the cooperating agency assist in preparing portion......