[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1500.3]



[Page 867-868]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1500_PURPOSE, POLICY, AND MANDATE--Table of Contents

 

Sec.  1500.3  Mandate.



    Parts 1500 through 1508 of this title provide regulations applicable 

to and binding on all Federal agencies for implementing the procedural 

provisions of the National Environmental Policy Act of 1969, as amended 

(Pub. L. 91-190, 42 U.S.C. 4321 et seq.) (NEPA or the Act)



[[Page 868]]



except where compliance would be inconsistent with other statutory 

requirements. These regulations are issued pursuant to NEPA, the 

Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 

4371 et seq.) section 309 of the Clean Air Act, as amended (42 U.S.C. 

7609) and Executive Order 11514, Protection and Enhancement of 

Environmental Quality (March 5, 1970, as amended by Executive Order 

11991, May 24, 1977). These regulations, unlike the predecessor 

guidelines, are not confined to sec. 102(2)(C) (environmental impact 

statements). The regulations apply to the whole of section 102(2). The 

provisions of the Act and of these regulations must be read together as 

a whole in order to comply with the spirit and letter of the law. It is 

the Council's intention that judicial review of agency compliance with 

these regulations not occur before an agency has filed the final 

environmental impact statement, or has made a final finding of no 

significant impact (when such a finding will result in action affecting 

the environment), or takes action that will result in irreparable 

injury. Furthermore, it is the Council's intention that any trivial 

violation of these regulations not give rise to any independent cause of 

action.