Record what follows if a categorical exclusion applies
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer has marked an agency categorical exclusion, copy the category and record that section 4336(a)(2) says an environmental document is not required if the proposed agency action is excluded under one of the agency categorical exclusions, another agency exclusion consistent with section 4336c, or another provision of law. Leave blank whether this action is inside the category. Do not decide that the effect is minor.
- What the lawyer must review
- The lawyer decides whether the exclusion covers this action. Section 4336e defines a categorical exclusion as a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment. An environmental document means an environmental impact statement, an environmental assessment, or a finding of no significant impact. Section 4336(a) says the agency is not required to prepare an environmental document if one of the four threshold conditions is met, including the exclusion in paragraph (2). The other three thresholds were not applied. The Council on Environmental Quality memorandum of 9 April 2026 says agencies should consider whether a categorical exclusion applies before beginning an environmental assessment or an environmental impact statement. The memorandum says it does not have the force and effect of law. It also says the Council rescinded its NEPA implementing regulations effective 11 April 2025. A categorical exclusion does not remove a Clean Water Act permit or a local building permit.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.