---
title: "Record what follows if a categorical exclusion applies"
url: "https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-FL20261022-16-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record what follows if a categorical exclusion applies

> 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…

Canonical page: https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Record what follows if an instrument declares development to be exempt](https://ailawframework.com/practice/planning-and-environment/record-what-follows-if-an-instrument-declares-development-to-be-exempt.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 4336c, on using another agency exclusion, was not opened.
- Do not treat a zoning exemption, or a general permit under the Clean Water Act, as a categorical exclusion.

## Sources

- [42 USC 4336, procedure for determination of level of review](https://www.law.cornell.edu/uscode/text/42/4336) (checked 2026-10-22)
- [42 USC 4336e, National Environmental Policy Act definitions](https://www.law.cornell.edu/uscode/text/42/4336e) (checked 2026-10-22)
- [Council on Environmental Quality, categorical exclusion guidance (9 April 2026)](https://nepa.gov/sites/default/files/documents/Categorical%20Exclusion%20Guidance%202026.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*