Beveridge & Diamond
 

Proposed Guidance, "Establishing, Revising and Using Categorical Exclusions Under NEPA" Issued by White House Council on Environmental Quality

Beveridge & Diamond, P.C., September 27, 2006

The White House Council on Environmental Quality ("CEQ") recently released draft guidance designed to assist federal agencies establish categorical exclusions for certain actions that normally do not warrant preparation of either an environmental impact statement or environmental assessment under the National Environmental Policy Act ("NEPA").  Categorical exclusions are commonly used by federal agencies to fulfill NEPA obligations for those actions that do not individually or cumulatively have a significant effect on the environment.  The CEQ proposed guidance details the types of information that agencies can gather to support a categorical exclusion, including the evaluation of previously implemented actions, environmental impact demonstration projects and analysis from experts.  The proposed guidance, "Establishing, Revising and Using Categorical Exclusions Under NEPA," is available for public comment through October 27, 2006 and can be obtained at this link:  http://www.NEPA.gov in the "Current Developments" section.