National Environmental Policy Act (NEPA)

Question 1

What is the starting statutory cite for NEPA

Answer 1

42 U.S.C. s 4321

Question 2

What are “categorical exclusions”

Answer 2

Projects that are so small that the agency has decided they are not major federal actions

Question 3

What are the 2 goals of NEPA

Answer 3

(1) Informed decision-making
(2) Public participation

Question 4

A party waives a NEPA challenge if they failed to ___

Answer 4

Meaningfully participate through the commenting process

Question 5

When does an action qualify as a major federal action (recite statutory language)

Answer 5

“Significantly affecting the quality of the human environment”

Question 6

What does “small federal handle” mean?

Answer 6

It means the federal government is only playing a small role, perhaps financially, in a broader project. This is significant because it can limit the amount of NEPA analysis required.

Question 7

Categorical exclusion decisions must be made when?

Answer 7

Before a decision is made

Question 8

An EA usually results in a ___

Answer 8

FONSI

Question 9

When conducting a NEPA analysis, an agency must consider a “Reasonable Range of Alternatives” which ALWAYS includes ____

Answer 9

“no action”

Question 10

What is the minimum number of alternatives an agency must consider

Answer 10

2. No action + Preferred action