Categorical Exclusions: The Emerging Antagonist of the National Environmental Policy Act?

Article by: Janessa H. Brito

In this article, Janessa H. Brito examines the growing reliance on categorical exclusions (CEs) under the National Environmental Policy Act (NEPA). She explains that while CEs were originally designed to streamline review for actions with minimal environmental impact, federal agencies have increasingly expanded their use, reducing transparency and limiting public oversight. She proposes three key measures: requiring a congressional mandate for routine data tracking and reporting of NEPA reviews, narrowing the statutory definition of CEs to account for both individual and cumulative impacts, and obligating agencies to include mitigation measures when applying CEs.