context: The Court also finds that, even assuming RUS's actions were consistent with its own regulation SS 1794.3, such an interpretation would be invalid as applied in the instant case because it would conflict with NEPA and the implementing regulations promulgated by the CEQ. The agency is not entitled to substantial deference with respect to the interpretation of the CEQ regulations, including SS 1508.18 defining "major federal action."
citation_a.signal: see also
citation_a.identifier: 714 F.2d 276, 276
citation_a.parenthetical: "CEQ guidelines are entitled to substantial deference in interpreting the meaning of NEPA provisions, even when CEQ regulations are in conflict with an interpretation of NEPA adopted by one of the Federal agencies."
citation_a.sentence: See, e.g., Grand Canyon Trust v. FAA, 290 F.3d 339, 342 (6th Cir.2002) (“Although federal agencies have discretion to decide whether a proposed action is significant enough to warrant preparation of an EIS, the court owes no deference to the [Federal Aviation Administration’s] interpretation of NEPA or the CEQ regulations because NEPA is addressed to all federal agencies and Congress did not entrust administration of NEPA to the [Federal Aviation Administration] alone.”) (internal quotation marks omitted); see also (Citizens Against Rails-to-Trails, 267 F.3d at 1150) (“Because NEPA’s mandate is addressed to all federal agencies, the [Surface Transportation Board’s] determination that NEPA is inapplicable ... is not entitled to the deference that courts must accord to an agency’s interpretation of its governing statute.”); Morris Cnty., 714 F.2d at 276 (“CEQ guidelines are entitled to substantial deference in interpreting the meaning of NEPA provisions, even when CEQ regulations are in conflict with an interpretation of NEPA adopted by one of the Federal agencies.”) (citing Andrus v. Sierra Club, 442 U.S. 347, 358, 99 S.Ct. 2335, 60 L.Ed.2d 943(1979)).
citation_b.signal: see
citation_b.identifier: 290 F.3d 339, 342
citation_b.parenthetical: "Although federal agencies have discretion to decide whether a proposed action is significant enough to warrant preparation of an EIS, the court owes no deference to the [Federal Aviation Administration's] interpretation of NEPA or the CEQ regulations because NEPA is addressed to all federal agencies and Congress did not entrust administration of NEPA to the [Federal Aviation Administration] alone."
citation_b.sentence: See, e.g., Grand Canyon Trust v. FAA, 290 F.3d 339, 342 (6th Cir.2002) (“Although federal agencies have discretion to decide whether a proposed action is significant enough to warrant preparation of an EIS, the court owes no deference to the [Federal Aviation Administration’s] interpretation of NEPA or the CEQ regulations because NEPA is addressed to all federal agencies and Congress did not entrust administration of NEPA to the [Federal Aviation Administration] alone.”) (internal quotation marks omitted); see also (Citizens Against Rails-to-Trails, 267 F.3d at 1150) (“Because NEPA’s mandate is addressed to all federal agencies, the [Surface Transportation Board’s] determination that NEPA is inapplicable ... is not entitled to the deference that courts must accord to an agency’s interpretation of its governing statute.”); Morris Cnty., 714 F.2d at 276 (“CEQ guidelines are entitled to substantial deference in interpreting the meaning of NEPA provisions, even when CEQ regulations are in conflict with an interpretation of NEPA adopted by one of the Federal agencies.”) (citing Andrus v. Sierra Club, 442 U.S. 347, 358, 99 S.Ct. 2335, 60 L.Ed.2d 943(1979)).