ISSUE BRIEF: Legislative Fix Needed to Categorical Exclusion Decision
Restore the CE provision to NEPA!
The Issue:
US District Court Judge Singleton recently ordered the Forest Service to allow for the notice, comment and appeal of all decisions for resource management projects that utilize the categorical exclusion (CE) process. CE is an approved method of making decisions for minor projects that allows the agency to bypass the lengthy NEPA process.
A lawsuit filed by Earth Island Institute and other environmental organizations directly challenged the exemption of the notice, comment and appeal requirements of the Appeals Reform Act given to CEs. This ruling can extend the process for approving projects by at least four months.
Impacts on the West:
Judge Singleton's ruling stopped more than 1,400 projects across the nation, including these types:
Forest health and fuels reduction projects
Recreational special use permits for camps, events, outfitters and cabin use Road
Road use permits
Grazing permits
Oil & gas permits
Repair and maintenance of recreation sites, roads and facilities
Wildlife, fishery and watershed improvement projects
Status of the Issue:
The Forest Service initially only applied the judge’s decision to the Eastern District of California where the case was filed. But the plaintiffs threatened the Forest Service with contempt if it wasn’t applied to all CE projects across the nation. On September 17, the judge clarified that his order applied to all national forests. Environmental groups have threatened to take the Forest Service to court to seek a contempt of court finding if any of these projects move forward.
Solutions:
- Congress needs to enact an immediate legislative fix to this problem for the sake of our forests, wildlife, watersheds and the general public.
- Take 60 seconds to tell Congress that this use of the categorical exclusion is wrong and that you support the vitality of fair use of economic projects in our national forests.
Take Action on this Issue