What is a NEPA categorical exclusion?

The National Environmental Policy Act (NEPA) is a comprehensive legislation that outlines the process for evaluating the environmental impacts of federal actions. One of the key components of NEPA is the concept of categorical exclusions (CEs).

CEs are a specific category of actions that have been deemed by federal agencies to typically have minimal or no significant impact on the quality of the human environment. These actions are therefore exempted from the full environmental review process required under NEPA.

The determination of CEs is based on the agency's experience and expertise in assessing the potential environmental effects of various types of actions. Agencies use this knowledge to identify actions that are unlikely to result in significant environmental impacts.

The legal basis for CEs is found in the text of NEPA itself, as well as in related regulations. Specifically, 42 USC 4336e (1) and 40 CFR 1508.1(d) provide the legal framework for the implementation of CEs.

CEs are intended to streamline the environmental review process for actions that are considered low-risk. By excluding these actions from the full NEPA review, agencies can focus their resources on actions that are more likely to have significant environmental impacts.