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The NEPA Process

Frank Hammond Aug. 16, 2023

The National Environmental Policy Act (NEPA) is a key piece of federal legislation that governs the environmental review process in the United States. Instituted in 1970, NEPA requires federal agencies to assess the environmental impacts of their proposed actions and to consider alternatives. For industries involved in projects requiring federal approval, understanding the NEPA process is critical. It is crucial as NEPA has been applied to every major project since its passage.

1. Proposal Development and Categorization

The NEPA process begins with the definition of a federal project, whether it is a public infrastructure plan, a regulatory change, or a permitting process. The project is categorized into one of three levels:

Categorical Exclusion (CE): These are actions that typically have no significant impact on the human environment, and therefore usually do not require a detailed analysis.

Environmental Assessment (EA): For actions where the environmental impact is uncertain, an EA is prepared. It determines whether the action will have significant environmental effects.

Environmental Impact Statement (EIS): If a project is likely to have significant environmental impacts, a comprehensive EIS is prepared.

2. Public Involvement and Scoping

The NEPA process encourages public participation, which includes soliciting comments from the public and stakeholders. The scoping phase identifies the scope of the issues to be addressed, helping to focus the analysis on key concerns.

3. Environmental Assessment or Environmental Impact Statement Preparation

For projects requiring an EA or EIS, detailed analysis is performed. The EA leads to either a Finding of No Significant Impact (FONSI) or a decision to create an EIS.

The EIS process is more extensive, with detailed studies of potential impacts, mitigation measures, and alternative options.

4. Public Review and Comment

Draft versions of the EA or EIS are made available for public comment, allowing stakeholders to raise concerns or ask for clarifications.

5. Final Decision

After considering public comments, the agency prepares the final EA or EIS, along with a Record of Decision (ROD) for an EIS, which explains the decision and outlines the commitments to mitigation.

6. Monitoring and Mitigation

The agency continues to monitor the project to ensure that the mitigation commitments are implemented and to evaluate the environmental impacts.

The NEPA process is a fundamental and sometimes complex aspect of project development that requires careful planning, analysis, and stakeholder engagement. It reflects a balance between economic development and environmental protection. From an industry perspective, understanding and actively participating in the NEPA process can facilitate timely project approvals and enhance collaboration with regulatory agencies and the public. The integration of environmental considerations into project planning helps in fostering responsible development, underscoring the industry’s commitment to sustainability.

With over 35 years of experience, we have extensive experience relating to NEPA, hazardous waste issues, land use issues, PFAS litigation, permit requirements, applications and appeals. Make sure to schedule a consultation with us or through email to make sure an expert can help you out today. Make sure to follow us on Linkedin and message us if you have any questions.