What Triggers a Deeper NEPA Review?
Understanding the factors that move a project from a Categorical Exclusion to an Environmental Impact Statement.
1. Significant Environmental Impact
The primary trigger for an Environmental Impact Statement (EIS) is the potential for "significant" impact. Significance is determined by both the context of the action and the intensity of the impact.
2. Public Controversy
While controversy alone doesn't always trigger an EIS, high levels of public interest or scientific disagreement regarding environmental effects often lead agencies to conduct more thorough reviews to ensure legal defensibility.
3. Protected Resources
Projects affecting endangered species habitats, historic properties, or wetlands often trigger deeper reviews due to the intersection with other federal laws like the Endangered Species Act or the Clean Water Act.