Does Every Federal Agency Action Require Environmental Review?

Yes and no; because NEPA is a procedural law, CEQ requires each federal agency to write their own NEPA compliance regulations to fit their particular programs. However, every Federal agency is subject to NEPA. Most agencies have established categories of actions that do not require environmental review, or require a streamlined environmental review:

Categorical Exclusions (CE) – most agencies will have promulgated a list of types of actions that do not require any environmental review; by their nature, these types of actions have no significant environmental impact.

Documented Categorical Exclusions (dCE) – most agencies will also promulgate a list of actions that require a streamlined environmental review; often, the scope these environmental reviews will be directed in the agency’s Categorical Exclusion Environmental Review Checklist.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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