40 CFR 1508.25 - Scope

Cite as40 CFR 1508.25
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546 practice notes
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register November 20, 2015
    • November 20, 2015
    ...clarify that actions evaluated in a CE, EA, or EIS must comply with NEPA requirements related to connected actions and segmentation, per 40 CFR 1508.25. The Agencies recognize that projects cannot be segmented improperly, regardless of the NEPA class of action; any action evaluated must hav......
  • Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
    • United States
    • Federal Register August 03, 2016
    • August 3, 2016
    ...of the loan proposed actions involving construction included in Sec. 799.34 are too broad and inconsistent with the NEPA regulations in 40 CFR 1508.25. Response: The CatExs that involve construction have been revised to clarify and add context to require the appropriate level of environment......
  • Separate Parts In This Issue Part II Interior Department, Land Management Bureau,
    • United States
    • Federal Register August 14, 2007
    • August 14, 2007
    ...Response: The BLM disagrees. Geophysical exploration activities are independent actions and not connected actions as defined in NEPA (40 CFR 1508.25 (a)(1)). Geophysical exploration activities are data collection activities used to gather information that may be used to inform future decisi......
  • Part II
    • United States
    • Federal Register August 14, 2007
    • August 14, 2007
    ...Response: The BLM disagrees. Geophysical exploration activities are independent actions and not connected actions as defined in NEPA (40 CFR 1508.25 (a)(1)). Geophysical exploration activities are data collection activities used to gather information that may be used to inform future decisi......
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413 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
    ...801 at 6. To support its determination that Phase I and Phase II had to be evaluated as connected actions, the Forest Service cites 40 C.F.R. § 1508.25(a)(1), which defines connected actions as actions that “are closely related and therefore should be discussed in the same impact statement.......
  • Western Land Exchange Proj. v. U.S. Bureau of Land, No. CVN02-0343-DWH(RAM).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • March 19, 2004
    ...analysis in the same NEPA document. 40 C.F.R. § 1502.4(a). Even if the projects are not "connected" within the meaning of NEPA, see 40 C.F.R. § 1508.25(a)(1)(i)-(iii), the indirect effects from development were clearly foreseen, and their analysis should not have been deferred until some ot......
  • 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
    ...Plaintiff challenges in its complaint do not prohibit construction of a project in segments of whatever length, utility, or termini. 40 C.F.R. § 1508.25 requires that "[c]onnected actions . . . should be discussed in the same impact statement." (Emphasis added.) 40 C.F.R. § 1508.27(B)(7) pr......
  • Wyoming v. U.S. Dept. of Agri., No. 01-CV-860B.
    • United States
    • United States District Courts. 10th Circuit. District of Wyoming
    • July 14, 2003
    ...the scope of the issues to be addressed in the EIS and for identifying significant issues related to the rulemaking. 40 C.F.R. §§ 1501.7, 1508.25. During the scoping process, an agency is required to invite the participation of federal agencies, states, local governments, and Indian tribes ......
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7 firm's commentaries
5 books & journal articles
  • The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations
    • United States
    • Iowa Law Review Nbr. 103-4, May 2018
    • May 1, 2018
    ...must consider connected actions, cumulative actions, similar actions, and the alternatives and impacts those actions may have. 40 C.F.R. § 1508.25 (2016). 1788 IOWA LAW REVIEW [Vol. 103:1777 ways to avoid, minimize or mitigate any adverse effects on historic properties.”65 As part of the se......
  • Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges
    • United States
    • Environmental Law Reporter Nbr. 45-9, September 2015
    • September 1, 2015
    ...agency), §1508.5 (deining cooperating agency), §1501.6 (describing selection and responsibilities of cooperating agencies). 101. See 40 C.F.R. §1508.25. 102. Id . §1508.9. 103. Id. §1508.13. 104. Id. §1508.4. 105. See, e.g. , Kahea v. National Marine Fisheries Serv., No. CIV. 11-00474 SOM, ......
  • Epa's opportunity to reverse the fertilizer industry's environmental injustices
    • United States
    • Environmental Law Reporter Nbr. 52-2, February 2022
    • February 1, 2022
    ...Army Corps of Eng’rs, No. 8:17-cv-618 (M.D. Fla. Mar. 15, 2017) [hereinafter CBD complaint]. 204. Id . 205. 40 C.F.R. §§1508.7, 1508.8, 1508.25(c) (2020). 206. CBD complaint, supra note 203. 207. Id . 208. Id . 209. 867 F.3d 1357, 1374, 47 ELR 20104 (D.C. Cir. 2017). It’s not just the journ......
  • Administering the National Environmental Policy Act
    • United States
    • Environmental Law Reporter Nbr. 45-4, April 2015
    • April 1, 2015
    ...it is hard to believe that it was by accident that the 1978 regulations said so little about NEPA’s substantive policy priorities. 363. 40 C.F.R. §1508.25. 364. Section 1502.22 adopted a nuclear industry tool of the day—the worst-case analysis approach in the presence of uncertainty, see 40......
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