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Adversely Affect: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
The term adversely affect refers to a situation where an action is likely to cause more than moderate negative impacts on the scenic, cultural, recreational, or natural resources of a specific area. This determination is based on several factors:
The context of the proposed action.
The intensity of the action, including its magnitude, duration, and likelihood of occurrence.
The relationship between the proposed action and other similar actions that may seem insignificant individually but could have significant cumulative effects.
The implementation of proven mitigation measures by the proponent to minimize significant impacts.
Table of content
Legal Use & context
This term is commonly used in environmental law, particularly in contexts involving land use, conservation, and resource management. Legal professionals may encounter it in cases related to environmental assessments, permits for development, and compliance with regulations that protect natural resources. Users can manage some of these processes themselves using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A proposed construction project in a national park may adversely affect local wildlife and scenic views. The assessment would consider the project's size, duration, and potential cumulative impacts from other nearby developments.
Example 2: (hypothetical example) A new logging operation in a forest area could adversely affect water quality and recreational opportunities. The determination would involve evaluating the logging methods and any mitigation strategies proposed to lessen the impact.
Relevant laws & statutes
Pursuant to 16 USCS § 544 (a), the definition of adversely affect is outlined in the context of conservation and national forests. This statute provides the framework for assessing potential impacts on scenic and natural resources.
Comparison with related terms
Term
Definition
Difference
Negatively Impact
To cause harm or damage to something.
Less specific than "adversely affect," which includes a threshold for significance.
Significant Impact
A substantial adverse effect on the environment.
Focuses on the degree of impact, while "adversely affect" considers likelihood and context.
Common misunderstandings
What to do if this term applies to you
If you are involved in a project that may adversely affect resources, it's essential to conduct a thorough environmental assessment. You can explore US Legal Forms for templates that help you navigate the necessary legal processes. If the situation is complex, consider consulting a legal professional for tailored advice.
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