40 CFR 1501.4 - Whether to prepare an environmental impact statement

Cite as40 CFR 1501.4
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1040 practice notes
  • Part V
    • United States
    • Federal Register December 19, 2006
    • December 19, 2006
    ...Official will make diligent efforts to involve the public, including applicants, in the preparation of EAs or EISs consistent with 40 CFR 1501.4 and 1506.6 and applicable EPA public participation regulations (e.g., 40 CFR Part (3) EPA NEPA documents will use plain language to the extent pos......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...pursuant to section 7 of E.O. 12372 (47 FR 30959, July 16, 1982), including the requirement to use State and area-wide clearinghouses in 40 CFR 1501.4(e)(2), 1503.1(a)(2)(iii), 1505.2, and 1506.6(b)(3)(i). CEQ removes these references in the final CEQ proposed changes to citations and autho......
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • February 25, 2000
    ...proposed action is, or is closely similar to, one that normally requires an EIS or when the proposed action is one without precedent (40 CFR 1501.4(e)). OPDIVs/STAFFDIVs may issue a proposed FONSI for public review and comment in other situations as Revised FONSI. If a FONSI is revised, it ......
  • 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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813 cases
  • OKL. WILDLIFE FEDERATION v. US ARMY CORPS OF ENG., No. 87-C-237-B.
    • 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
  • 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 ......
  • 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......
  • 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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