40 CFR 1500 - CEQ - Regulations for Implementing NEPA
Authority: NEPA, the Environmental Quality Improvement Act of 1970, as
amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as amended
(42 U.S.C. 7609) and E.O. 11514, Mar. 5, 1970, as amended by E.O. 11991, May
Source: 43 FR 55990, Nov. 28, 1978, unless otherwise noted.
Sec. 1500.1 Purpose.
Sec. 1500.2 Policy.
Federal agencies shall to the fullest extent possible:
Sec. 1500.3 Mandate.
Parts 1500 through 1508 of this title provide regulations applicable to
and binding on all Federal agencies for implementing the procedural
provisions of the National Environmental Policy Act of 1969, as amended
(Pub. L. 91-190, 42 U.S.C. 4321 et seq.) (NEPA or the Act) except where
compliance would be inconsistent with other statutory requirements. These
regulations are issued pursuant to NEPA, the Environmental Quality
Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.) section 309 of
the Clean Air Act, as amended (42 U.S.C. 7609) and Executive Order 11514,
Protection and Enhancement of Environmental Quality (March 5, 1970, as
amended by Executive Order 11991, May 24, 1977). These regulations, unlike
the predecessor guidelines, are not confined to sec. 102(2)(C)
(environmental impact statements). The regulations apply to the whole of
section 102(2). The provisions of the Act and of these regulations must be
read together as a whole in order to comply with the spirit and letter of
the law. It is the Council's intention that judicial review of agency
compliance with these regulations not occur before an agency has filed the
final environmental impact statement, or has made a final finding of no
significant impact (when such a finding will result in action affecting the
environment), or takes action that will result in irreparable injury.
Furthermore, it is the Council's intention that any trivial violation of
these regulations not give rise to any independent cause of action.
Sec. 1500.4 Reducing paperwork.
Agencies shall reduce excessive paperwork by:
[43 FR 55990, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]
Sec. 1500.5 Reducing delay.
Agencies shall reduce delay by:
Sec. 1500.6 Agency authority.
Each agency shall interpret the provisions of the Act as a supplement to
its existing authority and as a mandate to view traditional policies and
missions in the light of the Act's national environmental objectives.
Agencies shall review their policies, procedures, and regulations
accordingly and revise them as necessary to insure full compliance with the
purposes and provisions of the Act. The phrase "to the fullest extent
possible" in section 102 means that each agency of the Federal Government
shall comply with that section unless existing law applicable to the
agency's operations expressly prohibits or makes compliance impossible.