Making Effective NEPA Categorical Exclusion Determinations

Description

This training is designed to equip environmental professionals, planners, and project managers with the knowledge and skills necessary to navigate the complexities of the National Environmental Policy Act (NEPA) Categorical Exclusion (CATEX) process. This course provides an in-depth understanding of the regulatory framework, criteria, and best practices for making accurate and efficient CATEX determinations. Participants will engage in interactive discussions, real-world case studies, and hands-on exercises to master the key elements of the CATEX decision-making process. By the end of this course, attendees will be well-versed in identifying and applying appropriate CATEXs for proposed actions, reviewing actions for potential extraordinary circumstances, ensuring overall compliance with individual agency requirements, and understanding how proper use of Categorical Exclusions can streamline environmental reviews for faster project approvals.

Objectives

Upon completion of this workshop, participants will be able to do the following:

  • Understand the regulatory framework and requirements of NEPA and CATEXs.

  • Identify the criteria for qualifying projects under Categorical Exclusions.

  • Apply best practices in making accurate and efficient CATEX determinations.

  • Properly use the Categorical Exclusion process to assist with streamlining the environmental review process for faster project approvals.

  • Recognize and avoid potential pitfalls and challenges in the CATEX process.

  • Utilize lessons learned from federal court decisions involving challenges to federal agencies’ use of Categorical Exclusions.

  • Confidently document and communicate CATEX decisions to decision-makers, key stakeholders, and regulatory agencies.

  • Utilize real-world case studies and examples to inform decision-making.

  • Adapt and apply CATEX processes to various project types and industry sectors.

  • Continuously improve their organization’s CATEX decision-making process.

Content

The interactive course includes the following components:

  • Introduction to NEPA and CATEXs

    • Brief overview of the National Environmental Policy Act (NEPA).

    • Basic principles for determining the proper NEPA compliance pathway for a proposed project.

    • Purpose and role of Categorical Exclusions (CATEXs).

    • Types of CATEXs and agency-specific guidance.

  • Criteria and Eligibility for CATEXs

    • Identifying projects that qualify for CATEXs.

    • Assessing potential environmental impacts.

    • Determining extraordinary circumstances and other limitations.

    • Integrating other environmental law compliance with the use of Categorical Exclusions.

  • Best Practices and Strategies for CATEX Decisions

    • Streamlining the environmental review process.

    • Documentation and record-keeping requirements.

    • Mitigating legal risks and challenges.

  • Case Studies and Practical Applications

    • Real-world examples of CATEX determinations.

    • Lessons learned from successful and unsuccessful CATEX applications.

    • Analyzing and evaluating CATEX decisions.

  • Communication and Stakeholder Engagement

    • Effectively communicating CATEX decisions to key stakeholders.

    • Collaborating with regulatory agencies and the public.

    • Addressing concerns and questions about CATEX determinations.

Audience

This course is ideal for:

  • Environmental professionals and consultants who make or assist with Categorical Exclusion determinations.

  • Planners and project managers responsible for overseeing projects requiring NEPA reviews and seeking to streamline processes.

  • Government agency staff at federal, state, and local levels involved in environmental review processes.

  • Engineers and architects working on projects subject to NEPA who want to ensure proper compliance.

  • Environmental lawyers and legal professionals advising on NEPA compliance and CATEX determinations.

  • Industry stakeholders in transportation, energy, construction, land development, and related sectors aiming to maximize efficiency of reviews.

  • Non-profit organizations and community groups engaged in environmental advocacy or affected by NEPA projects, seeking to better understand the CATEX process for collaboration and informed decision-making.

Process

This 1 or 2-day workshop consists of a carefully designed combination of the following:

  • 60% Lecture

  • 20% Discussion

  • 20% Exercises

Materials

Participants receive the following:

  • Participants will receive a workshop manual with the presentation slides as well as useful reference material.