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COM 1041.000 2018-2020
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COM 1041.000 2018-2020
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Last modified
8/27/2020 12:51:05 PM
Creation date
8/14/2020 2:07:25 PM
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Communications
Communications - Type
COM
Communications - Council Term
2018-2020
Communication
1041
Point
000
Author
Maile David, Council Member, and Matt Kaneali‘i-Kleinfelder, Council Member
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 2020-09-02 2018-2020
(Related)
Path:
\Council Records\Agendas\2018-2020\Council
RES 714 Draft 01 2018-2020
(Related)
Path:
\Council Records\Resolutions\2018-2020
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considered environmental concerns in its decision-making process." Balt. Gas and <br /> Electric Co. v. NRDC, 462 U.S. 87, 97 (1983). <br /> NEPA is designed to ensure that agencies look before they leap. NEPA <br /> established the Council on Environmental Quality (CEQ) "with the authority to <br /> issue regulations interpreting it." New York v. Nuclear Regulatory Commission, <br /> 681 F.3d 471, 476 (D.C. Cir. 2012), quoting Dep't of Transp. v. Public Citizen, <br /> 541 U.S. 752, 757 (2004). CEQ regulations require that "environmental <br /> information is available to public officials and citizens before decisions are made <br /> and before actions are taken." 40 C.F.R. §1500.1(b). See Oglala Sioux Tribe v. <br /> Nuclear Regulatory Comm 'n, 896 F.3d 520 (D.C. Cir. 2018). <br /> CEQ's NEPA regulations require agencies to "insure the professional <br /> integrity, including scientific integrity, of the [agency's] discussions and <br /> analyses...." 40 C.F.R. §1502.24. Where data is not presented in the NEPA <br /> document, the agency must justify not obtaining that data. 40 C.F.R. §1502.22. In <br /> addition, the regulations provide that the "[h]uman environment shall be <br /> interpreted comprehensively to include the natural and physical environment and <br /> the relationship of people with that environment.' <br /> 2 CEQ amended its NEPA regulations on July 16, 2020. 85 Fed. Reg. 43304. The <br /> language quoted herein refers to the version of CEQ's rules that were in effect at <br /> the time the FCC issued its challenged order. <br /> 4 <br />
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