National Environmental Policy Act

NEPA Environmental Review Consulting

For federal actions, federally-funded projects, and projects requiring federal permits or approvals, NEPA review is the gating environmental process. Citadel EHS prepares Categorical Exclusions, Environmental Assessments, and Environmental Impact Statements that hold up under agency review and litigation.

The three levels of NEPA review

Choosing the right NEPA pathway up front saves months and avoids backtracking. Our scoping work determines the lightest defensible review level for your project.

Categorical Exclusion (CatEx)

Actions that a federal agency has determined, in its NEPA implementing procedures, will not individually or cumulatively have significant environmental effects. Most federal actions qualify for CatEx. We document extraordinary circumstances analysis when needed, and ensure CatEx records are defensible if litigated.

Typical examples: Routine permit renewals, minor facility modifications, internal admin actions, certain real estate transactions.

Environmental Assessment (EA)

A concise public document that determines whether a federal action will have significant environmental effects, leading to either a Finding of No Significant Impact (FONSI) or a decision to prepare an EIS. EAs typically run 50–200 pages and complete in 6–18 months.

Typical examples: Federal facility expansions, transportation projects, mid-sized energy developments, federal land use plans.

Environmental Impact Statement (EIS)

A full environmental review for major federal actions significantly affecting the human environment. Includes scoping, draft EIS, public review, final EIS, and Record of Decision. Page-limited under the Fiscal Responsibility Act 2023 amendments. Timeline 1–4 years.

Typical examples: Major infrastructure projects, large energy developments (oil and gas leasing, transmission lines), federal land management plans, military training expansions.

Recent NEPA reforms

NEPA has changed more in the past three years than in the previous three decades. Our team tracks every CEQ revision, statutory amendment, and agency-specific implementing guidance.

Fiscal Responsibility Act of 2023

Amended NEPA itself for the first time since 1982. Established page limits (75 pages for EAs, 150 pages for EISs, 300 pages for unusually complex projects), 1- and 2-year deadlines for EAs and EISs, and codified the lead agency concept and project sponsor role.

CEQ implementing regulations

The Council on Environmental Quality's regulations at 40 CFR 1500-1508 have been revised multiple times in recent years. Current rules emphasize page limits, timelines, alternatives analysis, climate impacts, and environmental justice.

Climate and environmental justice

CEQ guidance directs agencies to address greenhouse gas emissions and climate impacts in NEPA analyses, and to consider environmental justice effects on overburdened communities. We integrate these into EAs and EISs.

NEPA services we provide

Project scoping and NEPA pathway determination
CatEx documentation and extraordinary circumstances analysis
Environmental Assessment preparation
Environmental Impact Statement preparation and management
Public scoping and comment management
Cumulative impacts analysis
Biological, cultural, and historical resource coordination (ESA Section 7, NHPA Section 106)
Coordination with federal lead and cooperating agencies
Permit acquisition for NEPA-covered projects
NEPA litigation support and administrative record preparation

Federal lead and cooperating agencies

Agencies our team coordinates with regularly on NEPA work.

U.S. Army Corps of Engineers
Bureau of Land Management
U.S. Forest Service
Federal Highway Administration
Federal Aviation Administration
Federal Energy Regulatory Commission
Department of Energy
Department of Defense
Department of the Interior
Department of Housing and Urban Development

NEPA FAQs

When does NEPA apply to my project?

NEPA applies to 'major federal actions' — which can include federal funding, federal permits, federal lease or sale of federal land, or federal approval of a non-federal project. If a federal agency must approve, fund, or otherwise enable your project, NEPA likely applies. Private projects on private land with no federal nexus typically don't trigger NEPA.

What's the difference between an EA and an EIS?

An Environmental Assessment is a shorter, focused document used to determine whether environmental effects will be significant — leading to either a Finding of No Significant Impact (FONSI) or a decision to prepare an EIS. An EIS is the full review for actions with potentially significant impacts. Per the FRA 2023, EAs are limited to 75 pages and 1 year; EISs to 150–300 pages and 2 years.

How long does a NEPA review actually take?

Under the FRA 2023 statutory deadlines, EAs must complete within 1 year and EISs within 2 years from the date of agency announcement, though exceptions can extend timelines. In practice, the time is dominated by scoping, public comment, cooperating-agency review, and inter-agency consultation under ESA, NHPA, and CWA Section 404. We project-manage NEPA reviews to keep them on critical-path schedule.

Do we need ESA Section 7 consultation as part of NEPA?

If the proposed action may affect federally-listed threatened or endangered species or designated critical habitat, ESA Section 7 consultation with USFWS or NMFS is required and runs in parallel with NEPA. We coordinate biological assessments, Section 7 consultations, and the NEPA process so they support — rather than delay — each other.

Can NEPA documents be challenged in court?

Yes. NEPA challenges typically allege the agency failed to take a 'hard look' at significant impacts, did not properly consider reasonable alternatives, or did not adequately address cumulative or climate impacts. Defensibility hinges on a complete administrative record, rigorous analysis of alternatives, and thorough cumulative-impacts and climate analyses. We prepare NEPA documents and administrative records with litigation in mind.

Work with us

Need NEPA support?

Talk to our team about scoping, EA / EIS preparation, or NEPA litigation support for federal projects.