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Posted by: shiley on Nov 10, 2012 at 01:04:17 PM
Definition of the moderately foreseeable foreseeable future motion Two new situations reinforce the concept that a "future action" becomes "reasonably foreseeable" the moment it is "proposed" . before then it happens to be "speculative" and wish not be accounted for inside cumulative impacts examination within an EA or EIS: Wilderness Workshop v. Bureau of Land Conduite, 531 F.3d 1220, 1229 (10th Cir. O v. 1508.23). mere contemplation of various motion is absolutely not enough to need to have an effect assertion. Id. (inner quotation marks omitted). a cumulative effects analysis necessitates the [reviewing agency] to incorporate foreseeable long term steps in its evaluation, poor segmentation is frequently concerned with tasks which have attained the proposal phase. Id. In such cases,...