[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1500.3]

[Page 869-870]
 
                   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 870]]

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.