40 CFR 1501.4 - Whether to prepare an environmental impact statement

Cite as40 CFR 1501.4
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1037 practice notes
  • Environmental Impact and Related Procedures
    • United States
    • Federal Register November 20, 2015
    • November 20, 2015
    ...and reviewed. The FTA would direct its applicants and project sponsors to rely on the CEQ NEPA Implementing Regulations, specifically 40 CFR 1501.4(e)(2), which requires that in certain circumstances the FONSI be available for public review for 30 days before FTA makes its final determinati......
  • Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
    • United States
    • Federal Register August 03, 2016
    • August 3, 2016
    ...for the opportunity for the public to review of FONSIs in the certain limited circumstances as specified in CEQ regulations in 40 CFR 1501.4(e)(2)(i) through Clarified in Sec. 799.17(b)(4) that the FSA Administrator can decide if public meetings are needed for a given proposed action. Clari......
  • Procedures for Considering Environmental Impacts
    • United States
    • The Secretary Of Transportation Office
    • Invalid date
    ...potential to have a significant effect on the human environment and therefore normally do not require the preparation of an EA or EIS. 40 CFR 1501.4. Promulgating CEs for the entire Department also promotes consistency, reduces inefficiency, and allows OA procedures to focus on the unique i......
  • Separate Parts In This Issue Part II Interior Department, Land Management Bureau,
    • United States
    • Federal Register August 14, 2007
    • August 14, 2007
    ...of EISs will be placed in the BLM NEPA Handbook (BLM H-1790-1). Part C: Removed unnecessary text ``processed in accordance with 40 CFR 1501.4(e)(2).'' 11.9 Actions Eligible for a Categorical Preamble: Replaced ``exceptions'' with ``extraordinary circumstances'' to reflect a revision to 516 ......
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812 cases
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • January 5, 1988
    ...was therefore not "unprecedented," and the Corps was not required to wait thirty days before approving the permit, pursuant to 40 C.F.R. § 1501.4(e)(2). 50. A permit for the construction and operation of the intake structure and discharge of dredged and fill material into waters of the Unit......
  • California Trout v. F.E.R.C., No. 07-73664.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 20, 2009
    ...draft EA violates NEPA's requirement that it "involve environmental agencies, applicants, and the public, to the extent practicable." 40 C.F.R. § 1501.4(b); see also id. § 1506.6. This argument overstates the pertinent NEPA Although we have not unequivocally defined what sort of public part......
  • Monsanto Co. v. Geertson Seed Farms, No. 09-475.
    • United States
    • United States Supreme Court
    • April 27, 2010
    ...of a complete deregulation, that a limited deregulation would not pose any appreciable 130 S.Ct. 2761 risk of environmental harm. See 40 CFR §§ 1501.4, 1508.9(a) In sum, we do not know whether and to what extent APHIS would seek to effect a limited deregulation during the pendency of the EI......
  • 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
    ...prepare a less formal EA in order to determine whether or not an action will "significantly affect" the environment. See 40 C.F.R. §§ 1501.3, 1501.4, 1508.9. If no significant impact will occur, the agency may issue a finding of no significant impact ("FONSI") rather than prepare an EIS. 40......
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13 firm's commentaries
12 books & journal articles
  • Dangerous Waters? The Future of Irreparable Harm Under NEPA After Winter v. NRDC
    • United States
    • Environmental Law Reporter Nbr. 39-11, November 2009
    • November 1, 2009
    ...to proposed actions that will avoid or minimize adverse efects of these actions upon the quality of the human environment.”). 34. See 40 C.F.R. §1501.4(e). See also 40 C.F.R. §1508.13 (“Finding of no signiicant impact means a document by a Federal agency briely presenting the reasons why an......
  • Administering the National Environmental Policy Act
    • United States
    • Environmental Law Reporter Nbr. 45-4, April 2015
    • April 1, 2015
    ...agencies should resolve their own uncertainties into pre-set categories of actions governed by agency rule. Cf . 40 C.F.R. §§1501.3(a), 1501.4(a)-(b) (referring to individual agency procedures and how they provide for the treatment of the action “normally”). Indeed, CEQ takes what might be ......
  • Proposed Revisions to Improve and Modernize CEQ's NEPA Regulations
    • United States
    • Environmental Law Reporter Nbr. 49-6, June 2019
    • June 1, 2019
    ...regulations that the experience of many federal agencies since 1978 would justify. To cite one example, the existing regulations at 40 C.F.R. §1501.4 seem to presume that for federal actions not covered by a categorical exclusion and not identiied in the agency’s NEPA regulations as normall......
  • Section 404 Permits
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...are required to prepare an environmental assessment ( EA ) to determine if an environmental impact statement is necessary. See 40 C.F.R. § 1501.4 . An EA is a more streamlined study of the effects of the action and alternatives. Id. § 1508.9 . When the agency completes the EA, it will eithe......
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