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 and the CEQ NEPA regulations, and understanding how proper use of Categorical Exclusions can assisting with streamlining 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 for federal agencies’ use of Categorical Exclusions

  • Ensure compliance with the CEQ NEPA regulations and minimize legal risks

  • Utilize lessons learned

  • 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

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

  1. Planners and project managers: Professionals responsible for overseeing projects that require NEPA reviews and seeking to streamline the process by understanding and properly applying CATEXs.

  2. Government agency staff: Employees of federal, state, and local government agencies who are involved in the environmental review process and need to be well-versed in the proper procedures for CATEX determinations.

  3. Engineers and architects: Design professionals working on projects that may be subject to NEPA and who want to better understand the CATEX process to ensure proper compliance.

  4. Environmental lawyers and legal professionals: Legal experts who advise clients on NEPA compliance, regulatory requirements, and making sufficient CATEX determinations.

  5. Industry stakeholders: Representatives from various industries, such as transportation, energy, construction, and land development, who want to ensure their projects meet NEPA requirements and maximize the efficiency of environmental reviews through the proper use of CATEXs.

  6. Non-profit organizations and community groups: Members of organizations that engage in environmental advocacy or are interested and affected by projects subject to NEPA and want to understand the CATEX process for better collaboration and informed decision-making.

Process

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

  • 40% Lecture

  • 40% Discussion

  • 20% Exercises

Materials

Participants receive the following:

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