Skip to main content

Categorical Exclusions Bring New NEPA Litigation Risks

Recent court rulings and federal implementation changes have resulted in a significant shift to the regulatory landscape for the National Environmental Protection Act.

Executive orders relating to nuclear energy, digital infrastructure and commercial space have encouraged agencies to liberally apply their authorities to expedite environmental and administrative reviews, including through the establishment, adoption and use of categorical exclusions, or CEs — one of the most streamlined forms of NEPA compliance — to satisfy the statute's requirements.

LINKS

Read "Categorical Exclusions Bring New NEPA Litigation Risks" by Stacey Bosshardt, on the Law360 website. (subscription)

To download a PDF, click the media link below.