Archive for the ‘Mitigation’ Category

Guidance on Mitigated FONSIs and Less-Charmingly-Named Aspects of NEPA Mitigation

The same day that the Ninth Circuit ruled to overturn the Federal Defendant Rule, which had – until then – prevented private parties from intervening in NEPA claims, the White House Council on Environmental Quality (CEQ) was busy issuing guidance on another part of NEPA relating to mitigation. Under NEPA, agencies may propose mitigation measures [...]

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