The National Environmental Policy Act (NEPA)

NEPA is one of the most important laws enacted in the continuing effort to protect and restore the unique and diverse natural systems of this nation.  NEPA established an open and public approach to federal actions that has lead to better-informed decisionmaking overall. 

Categorical Exclusions

Categorical Exclusions are a class of activities that take place on national forestlands that are not subject to certain National Environmental Policy Act (NEPA) requirements because they do not cause significant environmental effects.  These activities do not undergo environmental analysis or meaningful public comment under NEPA. The Bush administration  repeatedly attempted to broaden the application of these exclusions to include activities that do in fact create environmental impacts, and therefore must not be exempt from analysis.

Activities that cause cumulative degrading effects are particularly of concern because it is the cumulative effects of multiple activities within watersheds that cause the most potential damage, and the extent of these effects cannot be determined if no environmental analysis is performed. Some activities that have been designated as categorical exclusions are also inappropriate for ecologically sensitive areas such as riparian (streamside) areas, watersheds that serve as refugia for imperiled aquatic species, and uninventoried roadless areas.  These activities should be analyzed in these areas, even if they are not in less sensitive areas.

Categorical Exclusions and Forest Planning

In 2005, the Bush Administration proposed a new categorical exclusion for National Forest land management plans, prepared under NFMA.  In other words, the Administration proposed that it would no longer prepare Environmental Impact Statements when developing, amending, or revising a land management plan.  PRC strongly objects to the suggestion that Forest Plans do not have significant environmental impacts and need not go through analysis and meaningful public comment.  Click here to read PRC's comments on the proposal.  Nevertheless, the Forest Service finalized the new CE in 2006.

NEPA Task Forces

In 2002, the Council on Environmental Quality (CEQ) created a NEPA Task force to review and improve NEPA.  PRC has extensive experience working with NEPA processes and documents, and was therefore able to provide thorough input regarding how well NEPA is working.  Click here to read our comments.

Former Rep. Richard Pombo (R-Calif.) then created a congressional House Natural Resources Committee NEPA Task Force in 2005, in an effort to weaken the protections that NEPA provides.  PRC submitted written testimony for one of the hearings of the Task Force. The Republican members of the Task Force released draft findings and recommendations on December 21, 2005.  Click here to read PRC's criticisms submitted in response.