CEQ recently released updated guidance on categorical exclusions (CATEXs), replacing the 2010 guidance.
At first glance, it may read as a routine update. In practice, it reflects some meaningful shifts in how NEPA is being implemented.
Below are a few key changes and clarifications:
1. CATEXs are now grounded in the NEPA statute
While CATEXs have been used for decades, they were previously rooted in CEQ’s regulations and agency practice.
With the Fiscal Responsibility Act, CATEXs are now codified in statute, and the guidance frames them as a threshold consideration in the NEPA process.
2. Adoption of other agencies’ CATEXs is being emphasized
This is not a new concept, but the updated guidance clearly encourages agencies to rely on existing CATEXs where appropriate.
CEQ has also developed a Categorical Exclusion Explorer, a centralized tool that allows agencies to search CATEXs across the federal government, reinforcing a more coordinated approach.
3. The process for establishing CATEXs has been streamlined
The 2010 guidance included a public comment step when establishing CATEXs.
The updated guidance makes public comment optional but continues to require consultation with CEQ, signaling a shift toward efficiency while maintaining federal oversight.
4. Extraordinary circumstances are clarified
The guidance clarifies that the presence of extraordinary circumstances does not automatically preclude the use of a CATEX.
If impacts are not significant, or the action can be modified to avoid significance, a CATEX may still be appropriate.
5. Multiple CATEXs may be applied to a single action
This is one of the more notable changes.
The guidance explicitly allows agencies to rely on multiple CATEXs to support a single determination, where consistent with their NEPA procedures and provided the analysis is documented appropriately.
Bottom line:
This guidance does not just clarify how CATEXs work, it signals how they are expected to be used going forward.
The emphasis is clear: use CATEXs earlier, rely on what already exists across agencies, and apply them more flexibly where appropriate.
For agencies in the process of updating their NEPA procedures, this is a shift worth paying close attention to.
About The Clark Group
For more than 25 years, The Clark Group has led environmental compliance efforts for federally funded projects across the United States. In addition to preparing environmental documentation and coordinating federal, state, and local consultations, we have developed NEPA procedures and guidance for federal agencies. Our experience spans both implementation and policy development, giving us a practical understanding of how environmental review works in real-world project settings.