40 CFR 1505.2 - Record of decision in cases requiring environmental impact statements

Cite as40 CFR 1505.2
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345 practice notes
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register November 20, 2015
    • November 20, 2015
    ...document, it shall include the content of a final EIS presented in Sec. 771.125 and present the basis for the decision as specified in 40 CFR 1505.2, summarize any mitigation measures that will be incorporated in the project, and document any required Section 4(f) approval in accordance wit......
  • Part II
    • United States
    • Federal Register March 30, 2009
    • March 30, 2009
    ...to the National Environmental Policy Act (NEPA) and Council on Environmental Quality's (CEQ) implementing regulations.\518\ See 40 CFR Sec. 1505.2. For additional information regarding NHTSA's compliance with 40 CFR Sec. 1505.2, Section XV of this Final Rule. \518\ NEPA is codified at 42 U.......
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...as necessary, explain why not; and adopt and summarize any monitoring and enforcement program where applicable for any mitigation. (See 40 CFR 1505.2(a)). (c) The ROD must provide a certification by the decisionmaker that the agency has considered all the alternatives, information, analysis......
  • Resource Management Planning
    • United States
    • Federal Register December 12, 2016
    • December 12, 2016
    ...plan or a plan amendment for which an EIS is prepared must be documented in a concise public ROD, consistent with NEPA requirements (40 CFR 1505.2). Current language refers to ``the approval,'' and this change will specify that a ROD will be prepared for approval of a resource management pl......
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101 cases
  • Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • May 4, 2010
    ...included in the proposed action or alternatives.” 40 C.F.R. § 1502.14(f); 40 C.F.R. § 1502.16(h); 40 C.F.R. § 1508.25(b)(3). Under 40 C.F.R. § 1505.2(c), “A monitoring and enforcement program shall be adopted and summarized [in the record of decision] where applicable for any mitigation.” T......
  • Oregon Natural Resources Council v. Marsh, Civ. No. 85-6433-BU
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • February 10, 1994
    ...rather than the No Action alternative preferred by plaintiffs or any of the other alternatives considered in the Second EISS. See 40 C.F.R. § 1505.2; 33 C.F.R. § 230.14. It is a definitive statement of the Corps' position at the culmination of the NEPA decisionmaking process. I am satisfied......
  • 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
    ...identifies all alternatives considered, and discusses the means adopted to avoid or minimize the environmental harm from the decision. 40 C.F.R. § 1505.2.• 2012 Re-evaluation: Refers to a Re-evaluation that was completed in 2012 toPage 5 review the continuing validity of the FEIS and ROD fo......
  • California ex rel. Imperial Cnty. Air Pollution Control Dist. v. U.S. Dep't of the Interior, Nos. 12–55856
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 19, 2014
    ...means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not.” 40 C.F.R. § 1505.2(c). The Implementation Agreement EIS and the Secretary's record of decision sufficiently considered potential mitigation measures. In the alterna......
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2 firm's commentaries
  • NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation
    • United States
    • JD Supra United States
    • August 25, 2020
    ...documents the alternatives considered prior to issuing the final agency action, as well as the reasons for the selected alternative. 40 C.F.R. §1505.2 (all similar citations are to 40 C.F.R. unless otherwise noted). As with the original rules, a ROD may not be issued until at least 30 days ......
  • Trump Administration Revamps the NEPA Regulations
    • United States
    • JD Supra United States
    • July 20, 2020
    ...of Decision that documents the decision of the agency and specifies any measures it imposes to avoid or mitigate environmental impacts. 40 C.F.R. § 1505.2. The Trump On January 10, 2020, CEQ issued a notice of proposed rulemaking to overhaul the CEQ’s NEPA regulations. See Update to the Reg......
6 books & journal articles
  • Solid Ground: Using Mitigation to Achieve Greater Predictability, Faster Project Approval, and Better Conservation Outcomes
    • United States
    • Environmental Law Reporter Nbr. 49-1, January 2019
    • January 1, 2019
    ...of Am. v. DeWitt, 279 F.3d 1036 (D.C. Cir. 2002) (Act grants “rather sweeping authority” to BLM, or NEPA, 42 U.S.C. §4321); see also 40 C.F.R. §1505.2(c) (2018), which requires consideration of mitigation alternatives where appropriate. In addition, BLM’s authority under FLPMA is broader th......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...In those cases involving an EIS, the statement of indings will be called the record of decision and shall incorporate the requirements of 40 CFR 1505.2. he record of decision is not to be included when iling a inal EIS and may not be signed until 30 days after the notice of availability of ......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands deskbook. 4th edition Appendices
    • April 11, 2015
    ...In those cases involving an EIS, the statement of indings will be called the record of decision and shall incorporate the requirements of 40 CFR 1505.2. he record of decision is not to be included when iling a inal EIS and may not be signed until 30 days after the notice of availability of ......
  • Endnotes
    • United States
    • Sustainable Development Law & Policy Nbr. XVIII-2, April 2018
    • April 1, 2018
    ...Notice of Availability for the final EIS. Id. at 18–19. Further discussion of this is beyond the scope of this author’s paper. 107 40 C.F.R. § 1505.2 (2018). 108 40 C.F.R. § 1502.9(c) (2018); National Environmental Policy Act Review Process, supra note 98; see A Citizen’s Guide to the nePA,......
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