40 CFR 1502.5 - Timing

Cite as40 CFR 1502.5
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74 practice notes
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...early preparation of the DEIS to ensure that the decisionmaker can meaningfully consider the analysis in the decisionmaking process. 40 CFR 1502.5. Proposed paragraph (b) would encourage OAs to indicate in the DEIS when they intend to issue a combined FEIS/ROD pursuant to 49 U.S.C. 304a(b) ......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...Act, Clean Water Act, Endangered Species Act, or Clean Air Act. CEQ adds a new paragraph (d) to the final rule to move the language from 40 CFR 1502.5(b) regarding when to begin preparing an EA that is required for an application to the agency.\80\ Agencies may specify in their NEPA procedu......
  • Monsanto Co. v. Geertson Seed Farms, No. 09-475.
    • United States
    • United States Supreme Court
    • April 27, 2010
    ...rationalization." Herrmann, Injunctions for NEPA Violations: Balancing the Equities, 59 U. Chi. L.Rev. 1263, 1289 (1992); see also see 40 CFR § 1502.5 (EIS should be implemented in manner assuring it "will not be used to rationalize or justify decisions already Although the majority does no......
  • Chilkat Indian Vill. of Klukwan v. Bureau of Land Mgmt., Case No. 3:17-cv-00253-TMB
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • March 15, 2019
    ...1851, 104 L.Ed.2d 377 (1989) ).42 43 C.F.R. § 3809.411(d).43 Dombeck , 304 F.3d at 892 (quoting Metcalf , 214 F.3d at 1143 ). See also 40 C.F.R. § 1502.5 (mandating that an EIS be prepared "early enough so that it can serve practically as an important contribution to the decisionmaking proc......
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62 cases
  • Monsanto Co. v. Geertson Seed Farms, No. 09-475.
    • United States
    • United States Supreme Court
    • April 27, 2010
    ...rationalization." Herrmann, Injunctions for NEPA Violations: Balancing the Equities, 59 U. Chi. L.Rev. 1263, 1289 (1992); see also see 40 CFR § 1502.5 (EIS should be implemented in manner assuring it "will not be used to rationalize or justify decisions already Although the majority does no......
  • Chilkat Indian Vill. of Klukwan v. Bureau of Land Mgmt., Case No. 3:17-cv-00253-TMB
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • March 15, 2019
    ...1851, 104 L.Ed.2d 377 (1989) ).42 43 C.F.R. § 3809.411(d).43 Dombeck , 304 F.3d at 892 (quoting Metcalf , 214 F.3d at 1143 ). See also 40 C.F.R. § 1502.5 (mandating that an EIS be prepared "early enough so that it can serve practically as an important contribution to the decisionmaking proc......
  • Center for Biological Diversity v. Bureau of Land, No. C 03-02509 SI.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 14, 2006
    ...so that the environmental impacts can be considered and disclosed to the public during the decisionmaking process. See 40 C.F.R. §§ 1501.2, 1502.5. In the EIS, the agency must identify direct, indirect, and cumulative impacts of the proposed action, consider alternative actions (including t......
  • Westlands Water Dist. v. US Dept. of Interior, No. CV-F-93-5327 OWW SSH.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 3, 1994
    ...Conner v. Burford, 848 F.2d 1441, 1446 (9th Cir.1988), cert. denied 489 U.S. 1012, 109 S.Ct. 1121, 103 L.Ed.2d 184 (1989). 40 C.F.R. § 1502.5(a) similarly provides, "For projects directly undertaken by Federal agencies, the environmental impact statement shall be prepared at the feasibility......
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