Environmental referrals should be made to the Council only after concerted, timely (as early as practicable in the process), but unsuccessful attempts to resolve differences with the lead agency. In determining what environmental objections to the matter are appropriate to refer to the Council, an agency should weigh potential adverse environmental impacts, considering:
(a) Possible violation of national environmental standards or policies;
(b) Severity;
(c) Geographical scope;
(d) Duration;
(e) Importance as precedents;
(f) Availability of environmentally preferable alternatives; and
(g) Economic and technical considerations, including the economic costs of delaying or impeding the decision making of the agencies involved in the action.
authority: 42 U.S.C. 4321-4347;
42 U.S.C. 4371-4375;
42 U.S.C. 7609; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970, Comp., p. 902, as amended by E.O. 11991, 42 FR 26967, 3 CFR, 1977 Comp., p. 123; E.O. 13807, 82 FR 40463, 3 CFR, 2017, Comp., p. 369
source: 85 FR 43367, July 16, 2020, unless otherwise noted.
cite as: 40 CFR 1504.2