Laserfiche WebLink
ice, • PACE 7/30 <br />• <br />Flits. Without the gravel, the seeps will dry up and the <br />wetlands will be destroyed. Strip mining will destroy the <br />hak~itat of the Preble's meadow jumping mouse and one of the only <br />xexic tall grass prairies in Colorado. <br />FIRST CLAIM FOR RELIEF <br />(Violation of 43 U.S_C. § 4332 (NEPA)(Sand and Gravel Mining) - <br />Against DOE) <br />21. Each and every allegation set forth in the Second <br />Ame.~ded Complaint is incorporated herein by reference. <br />22. NEPA requires all federal agencies to prepare and <br />circulate for public review and comment a detailed environmental <br />imFxlct statement ("EIS") for °major federal actions significantly <br />affecting the quality of the human environment.° 42 U.S.C. § <br />4332(2)(C). An EIS must be prepared prior to initiating any <br />major federal action so that Che environmental impacts can be <br />considered during the decisionmaking process. 40 C_F.R. §§ <br />1501.2, 1502.5. <br />23. The term ^major federal action" is defined as any <br />action with effects that may be major and which are potentially <br />subject to federal control and responsibility. 40 C.F.R. § <br />1508.16_ 'Actions include the circumstances where the <br />responsible officials fail to act and that failure to act is <br />reviewable by courts or administrative tribunals under the <br />Administrative Procedure Act or other applicable law as agency <br />actions.° 40 C.F.R. § 1508.18. Action also includes the <br />overview o£ private activities- <br />24. On May 6, 1994, WAI applied to the State of Colorado, <br />Secoad Aa~endod ComDlatni <br />