Environmental process | Environmental review | Scoping Decision Document
Scoping Decision Document legal authority
State
The Scoping Decision Document is required under Minnesota Environmental Quality Board (MEQB) rules for EIS projects (see Minnesota Rule 4410.2100 subp. 2 and subp. 6).
At the state level, the Minnesota Environmental Policy Act (MEPA) (MN Statutes, Ch.116D.04, subdivision 2a, item (e)). The Minnesota Environmental Quality Board (MEQB) is responsible for Minnesota's environmental review program. State Scoping rules begin at Minnesota Rules part 4410.2100. MEQB's Guidance for Practitioners and Proposers offers additional guidance.
Federal
At the federal level, the National Environmental Policy Act of 1969 (NEPA) contains the legal basis for scoping. The Council on Environmental Quality (CEQ) has issued regulations for implementing NEPA in 40 CFR 1500-1508. 40 CFR 1508.25 defines the term "scope" and 40 CFR 1501.7 discusses scoping requirements.
Subsequent to the CEQ regulations, FHWA has also issued regulations. These regulations do not require a formal scoping document, however 23 CFR 771.123(b) requires a scoping process to identify the range of alternatives and impacts and the significant issues to be addressed in the EIS and to achieve the other objectives of 40 CFR 1501.7 .