NEPA Explained

If you’ve ever come across a project involving the federal government, chances are NEPA was part of the process. The National Environmental Policy Act makes sure that agencies take a hard look at how their actions might impact the environment, people, and local communities before they move forward. It can seem technical at first, but here’s what you need to know:

Why does NEPA matter?

NEPA requires federal agencies to assess the environmental, social, and economic impacts of proposed activities. These might include land management actions, permit applications, or construction of public infrastructure. The goal is to fully consider the benefits and risks of a project before it begins, so that environmental harm can be avoided whenever possible.

How does NEPA work?

NEPA uses a structured, science-based approach. Specialists from different fields gather data, conduct research, and prepare reports that evaluate how a project could affect the land, water, wildlife, and surrounding communities. These specialists might focus on topics like botany, fuels, recreation, wildlife, hydrology, roads, soils, and heritage resources.

The Council on Environmental Quality, or CEQ, oversees this process. CEQ makes sure agencies are following the rules, interpreting NEPA accurately, and using the best available science.

What are the 3 levels of NEPA review?

Depending on the project’s scale and potential impact, one of three types of review is required:

  • Categorical Exemption (CE): Used when a project fits a category of actions that have shown no significant impact in the past. These are often small, routine activities.

  • Environmental Assessment (EA): Used when a project does not fall under a CE and may or may not have significant impacts. EAs are more detailed and consider multiple alternatives. If no major effects are found, the agency issues a Finding of No Significant Impact (FONSI). If impacts are expected, it moves to an EIS.

  • Environmental Impact Statement (EIS): Required when a project is expected to have significant effects on the environment. This is the most thorough level of analysis and ends with a Record of Decision (ROD), which outlines what will happen, what alternatives were considered, and how impacts will be managed.

Each level includes a public comment period, so people have the chance to ask questions or raise concerns before decisions are finalized.

What are the state and local regulations?

Some states and jurisdictions have developed their own environmental review laws to complement NEPA. When multiple regulations apply, projects must meet all relevant requirements. States and regions with their own processes include:

California, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Maryland, Massachusetts, Minnesota, Montana, New Jersey, New York State, New York City, North Carolina, Puerto Rico, South Dakota, Tahoe Regional Planning Compact, Virginia, Washington, and Wisconsin.