23 CFR 771.129 - Re-evaluations
| Cite as | 23 CFR 771.129 |
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66 practice notes
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...several Federal agencies, such as the Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec.......
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...agencies, such as the [[Page 1701]] Department of Transportation's reevaluation provided for highway, transit, and railroad projects (23 CFR 771.129); the Bureau of Land Management's Determination of NEPA Adequacy (Department of the Interior Departmental Manual, Part 516, Chapter 11, Sec. 1......
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...granted" when, as in this case, major steps to advance the project have not occurred within three years after completion of the FEIS. 23 C.F.R. § 771.129(b). The purpose of the re-evaluation is to determine whether a SEIS is needed for the project. See S. Trenton Residents Against 29 v. Fed......
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Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
...Road north of the intersection because of VDOT's advertisement. Moreover, in the FONSI, the FHWA acknowledges that, pursuant to 23 C.F.R. § 771.129(c), it will have to conduct a reevaluation prior to granting certain requisite approvals (for example, the authority to use federal funds to ac......
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47 cases
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...granted" when, as in this case, major steps to advance the project have not occurred within three years after completion of the FEIS. 23 C.F.R. § 771.129(b). The purpose of the re-evaluation is to determine whether a SEIS is needed for the project. See S. Trenton Residents Against 29 v. Fed......
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Coal. to Pres. McIntire Park v. Mendez, Case No. 3:11–cv–00015.
...Road north of the intersection because of VDOT's advertisement. Moreover, in the FONSI, the FHWA acknowledges that, pursuant to 23 C.F.R. § 771.129(c), it will have to conduct a reevaluation prior to granting certain requisite approvals (for example, the authority to use federal funds to ac......
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Jersey Heights Neighborhood Ass'n v. Glendening, No. 98-1804
...be reevaluated "if major steps to advance the action ... have not occurred within three years after the approval of the final EIS." 23 C.F.R. § 771.129. If a new circumstance "present[s] a seriously different picture of the environmental impact of the proposed project from what was previous......
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Cutonilli v. Fed. Transit Admin., Civil Action No. ELH-13-2373
...meetings in the summer of 2012 to present the latest information on the project, including refinements to the LPA. In accordance with 23 CFR 771.129(a), the MTA prepared a reevaluation because more than 3 years had passed since publication of the AA/DEIS. The reevaluation compared the Prefe......
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1 firm's commentaries
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Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects
...mitigation measures or compliance with permitting requirements. FRA will adopt FHWA and FTA’s practice of preparing “reevaluations” under 23 CFR 771.129 as the basis for determining whether a supplemental EIS is FTA will require project sponsors to determine the scope of the project—with FT......