C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER A—ORGANIZATION, PROCEDURES AND RULES OF PRACTICE › PART 1—GENERAL PROCEDURES › Subpart I—Procedures for Implementation of the National Environmental Policy Act of 1969

16 C.F.R. § 1.82

Declaration of policy

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Except for actions which are not subject to the requirements of section 102(2)(C) of NEPA, no Commission proposal for a major action significantly affecting the quality of the human environment will be instituted unless an environmental impact statement has been prepared for consideration in the decisionmaking. All relevant environmental documents, comments, and responses as provided in this subpart shall accompany such proposal through all review processes. “Major actions, significantly affecting the quality of the human environment” referred to in this subpart “do not include bringing judicial or administrative civil or criminal enforcement actions” CEQ Regulation (40 CFR 1508.18(a)). In the event that the Commission in an administrative enforcement proceeding actively contemplates the adoption of standards or a form of relief which it determines may have a significant effect on the environment, the Commission will, when consistent with the requirements of law, provide for the preparation of an environmental assessment or an environmental impact statement or such other action as will permit the Commission to assess alternatives with a view toward avoiding or minimizing any adverse effect upon the environment.

(b) No Commission proposal for legislation significantly affecting the quality of the human environment and concerning a subject matter in which the Commission has primary responsibility will be submitted to Congress without an accompanying environmental impact statement.

(c) When the Commission finds that emergency action is necessary and an environmental impact statement cannot be prepared in conformance with the CEQ Regulations, the Commission will consult with CEQ about alternative arrangements in accordance with CEQ Regulation (40 CFR 1506.11).

Notes of Decisions
Cited in 3 cases, 1977–1979 · leading case: Mobil Oil Corp. v. Fed. Trade Comm'n, 430 F. Supp. 855 (S.D.N.Y. 1977).
Sort: Relevance Newest Treatment
Mobil Oil Corp. v. Fed. Trade Comm'n, 430 F. Supp. 855 (S.D.N.Y. 1977). · cites it 2× “The FTC has accepted its obligation to prepare an impact statement when a Commission rule, guide, or legislative proposal or report concerns a matter that significantly affects the environment, 16 C.F.R. § 1.82 (a), (b), yet has viewed § 102(2)(C) as plainly inapplicable to…”
Mobil Oil Corp. v. Fed. Trade Comm'n, 562 F.2d 170 (2d Cir. 1977). “82(d) of the Commission’s Rules of Practice, 16 C.F.R. § 1.82 (d), specifically provides that § 102(2)(C) does not apply to any adjudicatory proceeding commenced by the Commission.”
City of Battle Creek v. Fed. Trade Comm'n, 481 F. Supp. 538 (W.D. Mich. 1979). · cites it 2× “The defendants contend that the FTC has not unreasonably refused to prepare an environmental impact statement.”
— 16 C.F.R. § 1.82(d) — 1 case
City of Battle Creek v. Fed. Trade Comm'n, 481 F. Supp. 538 (W.D. Mich. 1979). “The defendants contend that the FTC has not unreasonably refused to prepare an environmental impact statement.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.