28 C.F.R. § 61.4
Major federal action
The NEPA regulations define “major federal action.” “Major federal action” does not include action taken by the Department of Justice within the framework of judicial or administrative enforcement proceedings or civil or criminal litigation, including but not limited to the submission of consent or settlement agreements and investigations. Neither does “major federal action” include the rendering of legal advice.
Notes of Decisions
Cited in 4
cases, 1992–2015 · leading case: West v. Holder, 309 F.R.D. 54 (D.D.C. 2015).
West v. Holder, 309 F.R.D. 54 (D.D.C. 2015). “See 28 C.F.R. § 61.4 (“major federal action” does not include “action taken .”
Ocean Conservancy v. Evans, 260 F. Supp. 2d 1162 (M.D. Fla. 2003). “” 28 C.F.R. § 61.4 . Thus, the Settlement Agreement itself did not constitute a proposal for "major federal action” that triggered an EIS requirement.”
West v. Holder, 60 F. Supp. 3d 197 (D.D.C. 2015). “See 28 C.F.R. § 61.4 (“major federal action” does not include “action taken .”
United States v. South Florida Water Mgmt. Dist., 847 F. Supp. 1567 (S.D. Fla. 1992). “” 28 C.F.R. § 61.4 . This rule, however, is not applicable because defendant-intervenors' NEPA argument is not directed toward the act of submitting the Agreement, but rather at the specific remedial actions set forth within the Agreement.”
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