18 C.F.R. § 380.9

Public availability of NEPA documents and public notice of NEPA related hearings and public meetings

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(a)(1) The Commission will comply with the requirements of section 107(c) of NEPA, 42 U.S.C. 4336a(c).

(2) If an action has effects of primarily local concern, the Commission may give additional notice in a Commission order.

(b) The Commission will make environmental impact statements, environmental assessments, the comments received, and any underlaying documents available to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 552 (1982)). The exclusion in the Freedom of Information Act for interagency memoranda is not applicable where such memoranda transmit comments of Federal agencies on the environmental impact of the proposed action. Such materials will be made available to the public through the Commission's website, https://www.ferc.gov, at a fee and in the manner described in part 388 of this chapter. A copy of an environmental impact statement or environmental assessment for hydroelectric projects may also be made available for inspection at the Commission's regional office for the region where the proposed action is located.

[Order 486, 52 FR 47910, Dec. 17, 1987, as amended by Order 603-A, 64 FR 54537, Oct. 7, 1999; Order 899, 88 FR 74032, Oct. 30, 2023; Order 908, 90 FR 29425, July 3, 2025]

Notes of Decisions

Cited in 3 cases, 1990–2014 · leading case: Odland v. Fed. Energy Regulatory Comm'n, 34 F. Supp. 3d 3 (D.D.C. 2014).

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Odland v. Fed. Energy Regulatory Comm'n, 34 F. Supp. 3d 3 (D.D.C. 2014). “2d at 1130 (citing 18 C.F.R. § 380.9 , which requires FERC to comply with 40 C.”

Columbia Riverkeeper v. Fed. Energy Regulatory Comm'n, 650 F. Supp. 2d 1121 (D. Or. 2009). “18 C.F.R. § 380.9 . Plaintiffs contend that despite this mandate, FERC’s notification to landowners that their property was subject to condemnation under eminent domain did not reach many of those landowners.”

Woolen Mill Assocs. v. Fed. Energy Regulatory Comm'n, 917 F.2d 589 (D.C. Cir. 1990). “4 The Commis *371 sion’s rules, however, require that any request for the documents sought be made pursuant to the Freedom of Information Act, 18 C.F.R. § 380.9 (1990), and that the request be “in writing, addressed to the Director of Public Affairs, and clearly marked Freedom…”

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.