...of prevailing authority, even that relied upon by the district court. The court in Richmond Metropolitan Authority indicated that in this type of environmental dispute involving impact of a project .... Defendant MDOT's motion for summary judgment was based on its contention, as a matter of law, under the pertinent facts as developed, that the "construction project in question is a state...affidavits would indicate that there was a serious question about existence of genuine issue of material fact as to whether the project segment in question at Bay View was entirely as state project in ligh...

...conceptually distinct components of a project being carried out by the private purchaser of the land. We recognize that, in some cases, an environmental policy, now supported by regulat...a project by a developer into different components in order to evade environmental review. See 301 Code Mass. Regs. § 11.16 (1987...project. [105-110] Where a developer of a large, substantially completed building project was granted an easement by the Commonwealth to permit construction of a bridge over a certain bicycle trail, the...

...precedents." Specifically, appellants contend that the proposition in Daly that segmentation of a project was proper for purposes of an E.I.S. if the segment had "independent utility" was "largely...National Environmental Policy Act, an application to mine 770 acres which were part of over 30,000 acres leased for coal mining purposes required a comprehensive E.I.S. covering the entire project...concerning the validity of the segmentation of the certain construction projects for purposes of compliance with the National Environmental Policy Act. Instead, the Court limited its discussion to an...

...prevention of improper segmentation of a project. Improper segmentation occurs when a project that normally would require an EIS is subdivided into component parts that individually have ...considered arbitrary or irrational, the court will find them to be a single project") (internal quotation marks omitted). The doctrine of improper segmentation is limited, however, to proposed actions...because the Forest Service is not currently considering any other proposed projects, even if further development is reasonably foreseeable. However, the outcome of this project likely sets a precedent...

...to the MOU are DCR and the developers. Specifically, the plaintiffs allege that the MOU accomplishes an impermissible segmentation of the project, in contraventio...developers delayed specific roadway alterations, which might otherwise require a permit, in order to “phase or segment a Project to evade, defer or curtail MEPA review.” 301 Code Mass. Regs. § 11.01(2)(c). See Villages Dev. Co. v...“newspaper of local circulation in each municipality affected by the Project.” 301 Code Mass. Regs. § 11.15(1) (1998). Importantly, under anti-segmentation regulations, the...

...actions" for the purposes of NEPA. Third, the appellants concede that case law and the FHWA regulations do establish that under certain circumstances, segmentation of federal-aid highway projects can be improper under NEPA. Accordin...) ("Because we hold that the Light Rail Project does not involve `major [F]ederal action,' we do not decide whether the district court correctly held that Maryland's segmentation of the Project was proper."). ...). The possibility does exist, however, that a state could improperly segment out critical portions of a proposed project before the project was developed to the stage ...

..., decontamination, decommissioning, and waste disposal" under the WVDP Act (Item 1, ¶ 88). Plaintiffs also allege that the two-EIS approach violates NEPA's policy prohibiting "segmentation" of a large project into.../long term stewardship phase. The Second Circuit's opinion in the SPARC case provides guidance in this regard. SPARC addressed the issue of segmentation with respect to environmental review of a const...: "[S]egmentation of one phase of a larger project prior to completion of the environmental review of the entire project constitutes impermissible segmentation only if the compon...

...Route 22 is an improper segmentation of an entire Route 22 project. "[I]mproper segmentation" has been defined as an attempt by an agency to divide a major federal action into smaller components in...action,' we do not decide whether the district court correctly held that Maryland's segmentation of the Project was proper."). The possibility does exist, however, that a state agency could improperly...segment critical portions of a proposed project before the project was developed to the stage of becoming a major federal action.Save Barton, ...

...Cir. 1979). A. Segmentation The first basis relied upon by plaintiffs for their argument that the Environmental Act is applicable to this construction is a theory of "...rest — all of which was rebuilt using federal secondary aid funds. Plaintiffs have cited cases in which the courts have found segmentation of a project, usually environmentally...involvement took place or was to take place on a portion of the same project after the Act became effective. This is a basic and necessary element which must exist before improper segmentation can b...

...home. While segmentation of a project merely to avoid federal jurisdiction is unlawful, Historic Pres. Guild of..."federal undertaking." If the entire project is not a federal undertaking, there can be no unlawful segmentation of the project to avoid federal jurisdiction. Along these lines, in their most recent filing...impact the waters of the United States. However, none of the parties argue that these crossings are so close to Plaintiffs' property that either would invoke a Section 106 process protecting the McGehee...

...] was clearly erroneous." Improper segmentation of a project occurs when, pursuant to Hawaii Administrative Rules (HAR) § 11-200.1-10,4...alleged conduct of the [Commission]." In its Amended Order, the circuit court ruled with regard to Count IV that, the FEA "improperly segmented [the Project] from the larger program of which it is a...project (Project) on the Island of Maui. The eight-count Complaint challenged the sufficiency of the Final Environmental Assessment (FEA) that Wailea had prepared pursuant to Hawaii...

...; and (3) the Corps's improper segmentation of Phase I of the project. We discuss each in turn. A. The Feasibility of the Mitigation.... "`As a general rule under NEPA, segmentation of highway projects is improper for purposes of preparing environmental impact statements.'" ...discussed, an assessment of cumulative effects asks whether a project with individually "mitigated-to-insignificant" effects may yet result in significant environmental impacts when those effects are aggregated with the for...

...-mile section and particular 404 permit. Plaintiff circumvents Defendants' position with a segmentation argument: Defendants have improperly segmented the project to avoid the requirements of NEP...Plaintiff's segmentation argument. NEPA prohibits the "segmentation" of a project when it is done to mask the overall significance of the project's impacts, particularly its cumulative impacts...apparent. If the project has not been segmented improperly, however, there is little likelihood of success on the permit argument alone, and the motion must fail. Because the segmentation argument...

...the construction soon to be underway is of a "segment" of the project involving no federal funds. Plaintiffs reply that "segmentation" is...illegal when it is used pretextually to avoid compliance with NEPA. They are arguing, in essence, that the State's proposed segmentation of the light rail line is a pretextual device designed to circumvent the requirements ...segmentation established in this Circuit, this part of the Virginia Petroleum Jobbers test weighs against granting the injunction. Defendants argue that the project is not a federal...

...THE PACIFIC REPORTER rule-of-reason standard.3/ SKR asserts that the FEA "illegally segmented" the Project. Improper segmentation of a project occurs ...DLNR to build a single-family residence and undertake a forest management project (collectively, the Project) on roughly 37 acres of undeveloped land in Kailua...(Property). The Property comprised about 30.22 acres in the General Subzone of the Conservation District and about 6.67 acres in the Urban District. Because the Project would involve the use of Conservation...

...permit without them. Appellants' concessions thus do not change the ministerial nature of the permit. 3. The possibility of a subsequent building permit does not change the result. Resp...478] [discussing segmentation cases].) In this case, according to respondent, "both demolition and construction components are part of the CEQA project." For that reason, respondent maintains, "the...was part of a larger project that included a building permit. (See Adams Point Preservation Society v. City of Oakland, supra, 192 Cal.App...

...allegations that the department and developers engaged in project segmentation [382-383]. In an action brought by ten residents of cities and towns surrounding a reservation and the city ...anti-segmentation regulations, the proponent of a private project and any participating agency "may not phase or segment a Project to evade, defer or curtail MEPA review." 301 Code Mass. Regs. § 11.01.... Specifically, the plaintiffs allege that the MOU accomplishes an impermissible segmentation of the project, in contravention of the MEPA regulation at 301 Code Mass. Regs. § 11.01(2)(c), by (1) excising parkway a...

...." 40 C.F.R. § 1508.27 (b)(7). To guide agencies, regulations promulgated by the FHWA outline when segmentation of a project is permitted. Segmentation...when a highway project: (1) connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) has independent utility or independent significance, or is usable...and is a reasonable expenditure even if no additional transportation improvements are made in the area; and (3) does not restrict consideration of alternatives for other reasonably foreseeable...

...improper) “segmentation” of a larger project. “In determining whether a project has a significant environmental impact, an agency may not avoid...significant environmental impact by improperly ‘segmenting’ a project by dividing the NEPA analysis of a larger action with significant impacts into smaller actions with insignificant impacts.” Wilds v. S.C. Dep...which are pretextually segmented, and for which there is no independent reason to exist. When the segmentation project has no independent jurisdiction, no life of its own, or is simply illogical when viewed in...