40 C.F.R. § 25.1

Introduction

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This part sets forth minimum requirements and suggested program elements for public participation in activities under the Clean Water Act (Pub. L. 95-217), the Resource Conservation and Recovery Act (Pub. L. 94-580), and the Safe Drinking Water Act (Pub. L. 93-523). The applicability of the requirements of this part is as follows:

(a) Basic requirements and suggested program elements for public information, public notification, and public consultation are set forth in § 25.4. These requirements are intended to foster public awareness and open processes of government decisionmaking. They are applicable to all covered activities and programs described in § 25.2(a).

(b) Requirements and suggested program elements which govern the structure of particular public participation mechanisms (for example, advisory groups and responsiveness summaries) are set forth in §§ 25.5, 25.6, 25.7, and 25.8. This part does not mandate the use of these public participation mechanisms. It does, however, set requirements which those responsible for implementing the mechanisms must follow if the mechanisms are required elsewhere in this chapter.

(c) Requirements which apply to Federal financial assistance programs (grants and cooperative agreements) under the three acts are set forth in §§ 25.10 and 25.12(a).

(d) Requirements for public involvement which apply to specific activities are set forth in § 25.9 (Permit enforcement), § 25.10 (Rulemaking), and § 25.12 (Assuring compliance with requirements).

Notes of Decisions

Cited in 3 cases, 1982–2020 · leading case: Washington Wilderness Coalition v. Hecla Mining Co., 870 F. Supp. 983 (E.D. Wash. 1994).

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Washington Wilderness Coalition v. Hecla Mining Co., 870 F. Supp. 983 (E.D. Wash. 1994). “2d at 978; 40 C.F.R. § 25.1 et seq. Nothing in the language or structure of the CWA suggests that citizens suits are incompatible with state administration of the NPDES permit program.”

Providence Road Cmty. Ass'n v. Env't Prot. Agency, 683 F.2d 80 (4th Cir. 1982). “…(Emphasis supplied). These requirements "foster public awareness and open processes of government decision making." 40 C.F.R. 25.1(a)”

Waterkeeper All., Inc. v. Wheeler (D.D.C. 2020). · cites it 2× “To that end, Waterkeeper brings six separate claims 1 EPA also argues that it independently satisfied § 6974(b) by issuing general public-participation guidelines that establish “minimum requirements and suggested program elements for public participation in activities under…”

— 40 C.F.R. § 25.1(a) — 1 case

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