...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 upon historic sites, "a court must look to a multitude of factors," including manner of planning, geographic location, and whether segmentation of.... PER CURIAM. This case involves a highway widening project in the historic village of Bay View, Michigan. The plaintiffs, who...lanes. The plaintiffs, the Historic Preservation Guild of Bay View (the Guild), argued against the project on the ground that the addition of a third lane, to be used for left-hand turns, would make...

...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...those which will accompany Westmoreland's activities on a single tract of 770 acres." ( Cady v. Morton, supra, at 795.) In the matter before us we deal with a segment of a single highway project...

...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 regulation, prohibits the segmentation of...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...), G.L.c. 30, §§ 61-62H (1988 ed.), regarding the scope of an environmental impact report (EIR) that the Secretary required of Villages in connection with a project it is developing in Brewster. A judge of...

..., 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 construction protect involving interstate highway access to an airport. As explained by the circuit court, segmentation of a project generally...: "[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 component action has a...

...] 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..., if each is taken separately, may have minimal impact on the environment. Segmenting a project in this incremental way to avoid the preparation of an environmental impact statement is against the law...

...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 no significant...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...insufficiently addressed at least four of the of CEQ intensity factors in issuing a FONSI. First, the Forest Service failed to study the possible impact of the project on the unique recreational characteristics...

...to the MOU are DCR and the developers. 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 alterations that are necessary to accommodate increased traffic at the site's point of access, and had been a component...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. Secretary of the Executive Office of Envtl. Affairs, supra at 114, 571 N.E.2d 361 (“in some cases, an environmental policy, now supported by regulation, prohibits the segmentation of...determined that a private project meets one of the triggers to MEPA jurisdiction (e.g., requires a permit or financial assistance), the Secretary then analyzes the project to determine if it meets or...

...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, 950 F.2d at 1139. In general, segmentation analysis...

...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 "segmentation." Plaintiffs assert that Louisiana 67 is, and has been since its initial formulation, one highway project and...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 be...

...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 filings, Plaintiffs have suggested additional federal involvement through 16 U.S.C. § 470w(7)(d), which defines an "undertaking" as including projects "subject to State or local regulation administered pursuant to a delegation..., a project which would connect Highway 62 to the Western Kentucky Parkway. The Corps' approval occurred under Nationwide Permit No. 14 ("NWP No. 14"), as provided for by Section 404 of the Clean Water...

...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. Respondent argues that the demolition permit sought by appellants "was not a stand-alone project; as with most such permits, the goal was to clear the site for another construction project." As respondent's argument reflects, there is a rule against segmentation of...., Concur. ued without that determination." ( Ibid.) The threshold determination of CEQA's applicability thus turns on whether the "project qualifies as a `discretionary...: "`Ministerial' describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law...

...THE PACIFIC REPORTER rule-of-reason standard.3/ SKR asserts that the FEA "illegally segmented" the Project. Improper segmentation of a project occurs when...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...fraction of which would be disturbed, and much of that "disturbance" from a beneficial Forest Stewardship plan. It is evaluated as a whole, as a Project, in context of the entire...

...-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 NEPA...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.... I. BACKGROUND A. Facts The Northern Beltline Project is a 50.1-mile stretch of proposed interstate highway...

...." 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 is permitted...project in this case, known as NCDOT TIP Project No. R-210 ("R-210"), is the proposed construction of a 12.4 miles segment of the US1 Bypass ("Bypass") that spans Lee and Moore Counties, North...project. (Defs.' Ex. A.) Issuance of the ROD represented final agency action and completed the NEPA process. NCDOT intends to...

...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 of...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 alterations that are necessary to accommodate increased traffic at the site's point of access, and had been a component...

...-199 (Stanislaus Natural Heritage).) The prohibition against segmentation of a project serves to prevent dividing the project into smaller pieces, precluding meaningful and complete analysis...prohibition against segmentation strives to prevent an agency from dividing a single project into smaller pieces and stymieing a complete analysis of potential environmental impacts. (Stanislaus Natural...railyards area without a separate redevelopment project area limited to just the railyards. This separate project area would free the rest of the Richards Boulevard Project Area from the costs and...

...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't of Transp., 9 Fed.Appx. 114, 120 (4th Cir.2001); see also Save Barton Creek Ass'n v. Fed. Highway Admin., 950 F.2d 1129, 1140 (5th Cir.1992) (describing segmentation as...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 isolation, the segmentation will be held invalid.” Barton Creek, 950 F.2d at 1139 (citation and internal quotation marks omitted). A court...

...Farm. The Secretary's treatment of the Wind Farm was jurisdictionally compelled. Moreover, the MEPA policy prohibiting segmentation of a project by a developer into different components in order to...of a renewable energy wind power project ("the Project"), consisting of 130 wind turbine generators ("WTGs") on a grid over 25 square miles of sub-tidal area located on Horseshoe Shoal in Nantucket...transmission grid at an NSTAR substation in Barnstable. This portion of the Project will hereinafter be referred to as the Cable Project. The Project will have a maximum potential electric output of...

...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. According to the appellants, however, in applying these principles to these projects it is apparent that neither MoPac South nor Segment 3 of the Austin Outer Loop has been improperly segmented from a federal-aid highway project. A...) ("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."). Segmentation cases consider only whether a federal...). 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 of becoming a "major Federal action." By this means, a state could circumvent those segmentation actions...

.... 3. The possibility of a subsequent building permit does not change the result. Respondent argues that the demolition permit sought by appellants "was not a stand-alone project; as with most such permits, the goal was to clear the site for another construction project." As respondents argument reflects, there is a rule against segmentation of...applicability thus turns on whether the "project qualifies as a discretionary rather than a ministerial action." (Friends of Westwood, supra, 191.... 214.) The Guidelines treat projects of a mixed nature as discretionary. "Where a project involves an approval that contains elements of both a ministerial action and a...