12 C.F.R. § 408.6
Typical classes of action
(a) Section 1507.3(c)(2) of the NEPA Regulations in conjunction with § 1508.4 thereof requires agencies to establish three typical classes of action for similar treatment under NEPA. These typical classes of action are set forth below:
| Actions normally requiring EIS's | Actions normally requiring assessments but not necessarily EIS's | Actions normally not requiring assessments or EIS's |
|---|---|---|
| None | Applications for Eximbank financing under the direct lending program in support of transactions for which determinations under § 408.4(b)(1)(i) and (ii) above may be affirmative | Applications for Eximbank financing in the form of insurance or guarantees. |
(b) Eximbank will independently determine whether an EIS or an environmental assessment is required where:
(1) A proposal for agency action is not covered by one of the typical classes of action above; or
(2) For actions which are covered, the presence of extraordinary circumstances indicates that some other level of environmental review may be appropriate.
Notes of Decisions
Cited in 2
cases, 2007–2015 · leading case: Chesapeake Climate Action Network v. Exp.-Imp. Bank of the United States, 78 F. Supp. 3d 208 (D.D.C. 2015).
Chesapeake Climate Action Network v. Exp.-Imp. Bank of the United States, 78 F. Supp. 3d 208 (D.D.C. 2015). “” 12 C.F.R. § 408.6 . C. The Bank’s Approval of the Loan Guarantee Xcoal is one of the largest coal exporters in the United States, sending millions of tons of metallurgical coal overseas each year since its founding in 2004.”
Friends of the Earth, Inc. v. Mosbacher, 488 F. Supp. 2d 889 (N.D. Cal. 2007). “”) at 6-7 (citing, inter alia, 12 C.F.R. § 408.6 , 40 C.F.R. § 1508.4 , and O’Boyle Deck, ¶¶ 33, 37, 41, 44-45).”
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