40 CFR 1502.13 - Purpose and need

Cite as40 CFR 1502.13
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163 practice notes
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...must include the following: (1) Purpose and need. The EIS must briefly describe the underlying purpose and need for the proposed action. (40 CFR 1502.13). (2) Alternatives. Consistent with 40 CFR 1502.14 and 1508.1(z), the OA must evaluate reasonable alternatives, including the proposed act......
  • Separate Parts In This Issue Part III Nuclear Regulatory Commission,
    • United States
    • Federal Register October 09, 2007
    • October 9, 2007
    ...with the commenter's proposal. An EIS should state the purpose and need for a proposed action. 10 CFR part 51, appendix A, paragraph 4; 40 CFR 1502.13. Inasmuch as the NRC is acting on a private entity's request in a licensing action, the purpose and need should be, in the first instance, d......
  • Part III
    • United States
    • Federal Register October 09, 2007
    • October 9, 2007
    ...with the commenter's proposal. An EIS should state the purpose and need for a proposed action. 10 CFR part 51, appendix A, paragraph 4; 40 CFR 1502.13. Inasmuch as the NRC is acting on a private entity's request in a licensing action, the purpose and need should be, in the first instance, d......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action.'' 40 CFR 1502.13. The focus of the purpose and need statement is the purpose and need for the proposed action, and agencies should develop it based on consi......
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117 cases
  • Wilderness Society v. Bosworth, No. CV-97-208-M-LBE.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • July 20, 2000
    ...management prescriptions in the project decision. However, as far as the underlying purposes which serve to justify a project, under 40 C.F.R. § 1502.13 (1999), Defendants need only "briefly specify the underlying purpose and need to which the agency is responding in proposing the alternati......
  • N.C. Alliance for Transp. Reform v. D.O.T., No. 1:99CV00134.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • June 4, 2001
    ...the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action." 40 C.F.R. § 1502.13. Plaintiffs allege that Defendants defined the purpose of the Western Section project too narrowly, thereby preventing a fair consideration of ......
  • Natural Res. Def. Council v. Pritzker, No. C–12–05380 EDL
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 28, 2014
    ...upon “the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action.” 40 C.F.R. § 1502.13 ; see also City of Carmel, 123 F.3d at 1155 (“The stated goal of a project necessarily dictates the range of reasonable alternatives and ......
  • Pamlico-Tar River Foundation v. U.S. Army Corps of Engineers, No. 4:02-CV-53-H(4).
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • August 6, 2004
    ...the underlying purpose and need to which the agency is responding in proposing the alternatives included in their proposed action." 40 C.F.R. § 1502.13. The Corps' statement of the purpose and need for the project is set forth in detail in Section 2.0 of the FEIS and covers six single-space......
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7 firm's commentaries
  • Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)
    • United States
    • JD Supra United States
    • June 2, 2014
    ...determines the scope of reasonable alternatives the agency is required to discuss.12 Because it is the factor driving discussion of 6 40 C.F.R. § 1502.13. 7 Citizens for Smart Growth v. Sec’y of Dep’t of Transp., 669 F.3d 1203, 1212 (11th Cir. 2012). 8 See City of Alexandria v. Slater, 198 ......
  • November Environmental Action News
    • United States
    • LexBlog United States
    • November 22, 2021
    ...the description of purpose and need for a proposed action when it is an agency’s statutory duty to review applications for authorization (40 CFR 1502.13) and make a conforming edit to the definition of “reasonable alternatives” (40 CFR 1508.1(z)); Remove limitations on agency NEPA procedure......
  • The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
    • United States
    • LexBlog United States
    • May 17, 2022
    ...environmental analyses under the National Environmental Policy Act, 42 U.S.C. § 4321, et seq., (“NEPA”). Specifically, CEQ will revise 40 C.F.R. § 1502.13, restoring detailed “purpose and need statements” in environmental impact statements (“EIS”); 40 C.F.R. § 1507.3, removing language that......
  • The CEQ Tries to “Make a Silk Purse from a Sow’s Ear” by Revising NEPA Regulations
    • United States
    • LexBlog United States
    • May 17, 2022
    ...environmental analyses under the National Environmental Policy Act, 42 U.S.C. § 4321, et seq., (“NEPA”). Specifically, CEQ will revise 40 C.F.R. § 1502.13, restoring detailed “purpose and need statements” in environmental impact statements (“EIS”); 40 C.F.R. § 1507.3, removing language that......
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1 books & journal articles
  • Endnotes
    • United States
    • Sustainable Development Law & Policy Nbr. XVIII-2, April 2018
    • April 1, 2018
    ...§ 4332 (2018). The draft EIS that the federal agency creates includes a variety of items: (1) purpose and need of the document (see 40 C.F.R. § 1502.13 (2016)); (2) identification and examination of alternative methods Spring/Summer 2018 43 to satisfy the potential action’s purpose and need......
31 provisions
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...must include the following: (1) Purpose and need. The EIS must briefly describe the underlying purpose and need for the proposed action. (40 CFR 1502.13). (2) Alternatives. Consistent with 40 CFR 1502.14 and 1508.1(z), the OA must evaluate reasonable alternatives, including the proposed act......
  • Separate Parts In This Issue Part III Nuclear Regulatory Commission,
    • United States
    • Federal Register October 09, 2007
    • October 9, 2007
    ...with the commenter's proposal. An EIS should state the purpose and need for a proposed action. 10 CFR part 51, appendix A, paragraph 4; 40 CFR 1502.13. Inasmuch as the NRC is acting on a private entity's request in a licensing action, the purpose and need should be, in the first instance, d......
  • Part III
    • United States
    • Federal Register October 09, 2007
    • October 9, 2007
    ...with the commenter's proposal. An EIS should state the purpose and need for a proposed action. 10 CFR part 51, appendix A, paragraph 4; 40 CFR 1502.13. Inasmuch as the NRC is acting on a private entity's request in a licensing action, the purpose and need should be, in the first instance, d......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action.'' 40 CFR 1502.13. The focus of the purpose and need statement is the purpose and need for the proposed action, and agencies should develop it based on consi......
  • Request a trial to view additional results

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