In addition to the requirements for an environmental impact statement prescribed in section 102(2)(C) of NEPA, 42 U.S.C. 4332(2)(C), an environmental impact statement prepared by the Commission will include a section on the literature cited in the environmental impact statement and a staff conclusion section. The staff conclusion section will include summaries of:
(a) The significant environmental impacts of the proposed action;
(b) Any alternative to the proposed action that would have a less severe environmental impact or impacts and the action preferred by the staff;
(c) Any mitigation measures proposed by the applicant, as well as additional mitigation measures that might be more effective;
(d) Any significant environmental impacts of the proposed action that cannot be mitigated; and
(e) References to any pending, completed, or recommended studies that might provide baseline data or additional data on the proposed action.
[Order 908, 90 FR 29425, July 3, 2025]
Notes of Decisions
Cited in
4
cases (
4 in the last 5 years), 2024–2025 · leading case:
Healthy Gulf v. FERC, 107 F.4th 1033 (D.C. Cir. 2024).
Healthy Gulf v. FERC, 107 F.4th 1033 (D.C. Cir. 2024).
· cites it 2× “” 18 C.F.R. § 380.7 (a); see also id. § 380.”
New Jersey Conservation Found. v. FERC, 111 F.4th 42 (D.C. Cir. 2024).
“2 (citing 18 C.F.R. §§ 380.7 (a),(d)). 16 Natural. 3 Even if FERC is not required to make a significance determination, choosing not to do so on the basis of an arbitrary and capricious explanation is nevertheless a violation of the APA.”
City of Port Isabel v. FERC, 111 F.4th 1198 (D.C. Cir. 2024).
“23-1174 Petitioners’ Brief 57 (citing 18 C.F.R. § 380.7 (a), (d) and 40 C.F.R. § 1502.”
Citizens Action Coalition of Indiana, Inc. v. FERC (D.C. Cir. 2025).
“In reviewing the Project, FERC properly discussed and summarized significant environmental impacts, and the absence of a “significance” label does not violate NEPA, CEQ guidance, or FERC regulations.”
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.