What: On April 9, 2026, the White House Council on Environmental Quality (CEQ) issued guidance on the use of categorical exclusions (CE) under the National Environmental Policy Act (NEPA).
Why: The National Environmental Policy Act (NEPA) requires federal agencies to review the environmental impacts of their actions. A CE under NEPA represents the least burdensome form of environmental review and is meant for agency actions that do not significantly impact the environment. Examples of projects qualifying for CEs include road repair, maintaining pedestrian trails, equipment upgrades, and small-scale pipeline or water infrastructure projects.
For small entities working on federal projects, the use of a CE can help decrease project delays. CEQ’s guidance explains to federal agencies how they can establish and revise CEs. It also lays out a process where an agency can adopt CEs already established by other agencies. By expanding the use of CEs, agencies can avoid lengthier environmental assessments or environmental impact statements, which can take multiple years to complete.
Action: Read the guidance that took effect on April 9, 2026.
FEDERAL REGISTER NOTICE:
Implementation of the National Environmental Policy Act Guidance
GUIDANCE:
Establishing, Revising, Adopting, and Applying Categorical Exclusions Under the National Environmental Policy Act (PDF, 3.2 MB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.