40 CFR 1508.28 - Tiering
| Cite as | 40 CFR 1508.28 |
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242 practice notes
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Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
...proposed to move the operative language addressing specific examples of when tiering is appropriate from the definition of tiering in 40 CFR 1508.28 to proposed paragraph (b). CEQ moves this language to paragraph (c) in the final rule with the edits as 11. Incorporation by Reference (Sec. 1......
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Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
...including any required public involvement; and (3) Prepares the FONSI or NOI to prepare an EIS. Sec. 799.43 Tiering. (a) As specified in 40 CFR 1508.28, tiering is a process of covering general environmental review in a broad PEA, followed by subsequent narrower scope analysis to address sp......
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Allocations, Common Application, Waivers, and Alternative Requirements for 2017 Disaster Community Development Block Grant Disaster Recovery Grantees
...to develop a Tiered approach to streamline the environmental review process for single family housing programs. Tiering, as defined in 40 CFR 1508.28, is a means of making the environmental review process more efficient by allowing parties to ``eliminate repetitive discussions of the same i......
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Environmental Policies and Procedures
...refers to a broad-scope EIS or EA that identifies and assesses the environmental impacts of an agency program. Tiering, as defined in 40 CFR 1508.28, refers to the coverage of general matters in a broader EIS (policy or national programs) with subsequent narrower statements or environmental......
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145 cases
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...by reference the general discussions and concentrating solely on the issues specific to the statement subsequently prepared." 40 C.F.R. § 1508.28. "Agencies are encouraged to tier their environmental impact statements toPage 6 eliminate repetitive discussions of the same issues and to focus......
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WildEarth Guardians v. Bernhardt, Civil Action No. 16-1724 (RC)
...by reference the general discussions and concentrating solely on the issues specific to the statement subsequently prepared. 40 C.F.R. § 1508.28. An EA may therefore refer to a more general EIS prepared for a broader federal program. See 43 C.F.R. § 46.140(c). However, "[t]o the extent that......
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Curry v. U.S. Forest Service, No. Civ.A. 97-1081.
...17. While the court recognizes that the regulations implementing NEPA permit "tiering," or incorporating documents by reference, see 40 C.F.R. § 1508.28, the Forest Service cannot avoid its NEPA obligation to consider the cumulative effects of the Mortality I Project and the Mortality II Pr......
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Idaho Rivers United v. U.S. Army Corps of Eng'rs, CASE NO. C14-1800JLR
...PSMP—its Plan-level analysis—to help it identify reasonable alternatives for the Current Immediate Need Action. See 40 C.F.R. §§ 1502.20, 1508.28. The Corps' Plan-level discussions in the FEIS included analyses of//////Page 32a variety of sediment management measures,11 but the Corps conclu......
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4 firm's commentaries
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District Court Limits Tiering Of Biological Opinions
...which reduces the time required for project review and conserves agency resources. While NEPA regulations expressly permit tiering, 40 C.F.R. § 1508.28, the ESA regulations are silent on the topic. The FWS Endangered Species Consultation Handbook, however, does encourage streamlined procedu......
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Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity
...http://iea-retd.org/wp-content/uploads/2016/03/RE-DELAYSfinal- report.pdf. 42 U.S.C. §§4321 et seq. 5.40 C.F.R. §1508.28. This was successfully done by the Bureau of Land Management (BLM) in the Dry Lake, Nevada, solar energy zone. Because of the programmatic EIS for the zone, three large p......
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District Court Limits Tiering of Biological Opinions
...which reduces the time required for project review and conserves agency resources. While NEPA regulations expressly permit tiering, 40 C.F.R. § 1508.28, the ESA regulations are silent on the topic. The FWS Endangered Species Consultation Handbook, however, does encourage streamlined procedu......
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Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental Assessment
...the general discussions in a previous Environmental Impact Statement that pertain to issues specific to a subsequent analysis), citing 40 C.F.R. § 1508.28. The alleged “hard look” (Issue 3) violation was rejected because the EA was deemed to . . . an extensive discussion of the anticipated ......
6 books & journal articles
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Case summaries.
...1998)). (148) Id. (149) Id. (150) Id. (151) Federal Water Pollution Control Act, 33 U.S.C. [subsection] 1251-1387 (2000). (152) See 40 C.F.R. 1508.28 (2005) (defining "tiering" as "the coverage of general matters in broader environmental impact statements (such as national programs or polic......
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Natural Resource Damages, Mitigation Banking, and the Watershed Approach
...42 U.S.C. §§4321-4370h, ELR Stat. NEPA §§2-209. 47. NOAA G-RP, supra note 34. 48. 15 C.F.R. §990.23 (CEQ regulations at 40 C.F.R. §§1502.20, 1508.28 describe tiering). 49. Id . §990.56. 50. Id . NOAA G-RP, supra note 34. 51. Id . 52. Trustees may consider a regional restoration plan or exis......
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Utility-Scale Renewable Generating Capacity
...Administration is moving to rescind a large number of environmen- 2. 42 U.S.C. §§4321 et seq. 3. Id . §4332(C); 40 C.F.R. §1502.3. 4. 40 C.F.R. §1508.28. his was successfully done by the Bureau of Land Management (BLM) in the Dry Lake, Nevada, solar energy zone. Because of the programmatic ......
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Legal Pathways for a Massive Increase in Utility-Scale Renewable Generation Capacity
...he amount of energy produced in the United States from wind and solar sources has been rapidly increasing, as shown in Table 1. 5. 40 C.F.R. §1508.28. his was successfully done by the Bureau of Land Management (BLM) in the Dry Lake, Nevada, solar energy zone. Because of the programmatic EIS......
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