Environmental Reviews and the 118th Congress (CRS Report for Congress)
Release Date |
Revised Sept. 19, 2023 |
Report Number |
IF12417 |
Report Type |
In Focus |
Authors |
Kristen Hite |
Source Agency |
Congressional Research Service |
Older Revisions |
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Summary:
The National Environmental Policy Act (NEPA, 42 U.S.C.
§ 4321 et seq.) mandates environmental review of many
agency actions. NEPA requires that federal agencies
consider potential impacts of their actions that may affect
the human environment. If a major federal action could
result in significant impacts, NEPA requires the preparation
of an Environmental Impact Statement (EIS) that analyzes
effects of the proposed action and alternatives to that action.
An agency may prepare an Environmental Assessment (EA)
to decide whether to prepare an EIS or instead issue a
Finding of No Significant Impact. An agency need not
prepare either document if a proposed action is unlikely to
have a significant impact and falls under a categorical
exclusion—a type of activity that an agency has already
determined does not usually result in a significant impact—
or one that Congress has excluded by statute. Categorical
exclusions apply to the vast majority of agency decisions.
Agencies typically issue regulations and guidance under
both NEPA and their specific statutory authorities to
address environmental review requirements.