40 CFR 1508.28 - Tiering

Cite as40 CFR 1508.28
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236 practice notes
144 cases
  • 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
    ...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......
  • WildEarth Guardians v. Bernhardt, Civil Action No. 16-1724 (RC)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 13, 2020
    ...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......
  • Curry v. U.S. Forest Service, No. Civ.A. 97-1081.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • October 15, 1997
    ...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......
  • 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
    ...989, 997–98 (9th Cir.2004), if the subsequent statement is either of “lesser scope” or a “statement or analysis at a later stage.” 40 C.F.R. § 1508.28.The CEQ regulations also require agencies to incorporate by reference NEPA and non-NEPA documents. 40 C.F.R. § 1502.21 (“Agencies shall inco......
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4 firm's commentaries
  • District Court Limits Tiering Of Biological Opinions
    • United States
    • Mondaq United States
    • January 2, 2015
    ...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......
  • Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity
    • United States
    • Mondaq United States
    • July 19, 2017
    ...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......
  • District Court Limits Tiering of Biological Opinions
    • United States
    • JD Supra United States
    • December 19, 2014
    ...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......
  • Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental Assessment
    • United States
    • JD Supra United States
    • March 2, 2018
    ...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 ......
1 books & journal articles
  • Case summaries.
    • United States
    • Environmental Law Vol. 35 Nbr. 3, June 2005
    • June 22, 2005
    ...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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