U.S. Code » Title 42 » Chapter CHAPTER 55— NATIONAL ENVIRONMENTAL POLICY › Subchapter SUBCHAPTER I— POLICIES AND GOALS

42 U.S.C. § 4336

Procedure for determination of level of review

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(a) Threshold determinationsAn agency is not required to prepare an environmental document with respect to a proposed agency action if—(1) the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of title 5;(2) the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law;(3) the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or(4) the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action.(b) Levels of review(1) Environmental impact statement

An agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment.

(2) Environmental assessment

An agency shall prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant impact or determination that an environmental impact statement is necessary.

(3) Sources of informationIn making a determination under this subsection, an agency—(A) may make use of any reliable data source; and(B) is not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable.(Pub. L. 91–190, title I, § 106, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 39.)
Notes of Decisions
Cited in 14 cases (14 in the last 5 years), 2024–2026 · leading case: Appalachian Voices v. FERC, 139 F.4th 903 (D.C. Cir. 2025).
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Appalachian Voices v. FERC, 139 F.4th 903 (D.C. Cir. 2025). “See 42 U.S.C. § 4336 (b)(1). In a similar vein, the CEQ had allowed categorical NEPA exclusions but only for actions that “do not individually or cumulatively have a significant effect on the human environment.”
Powder River Basin Resource Council v. Dep't of the Interior, No. 2022-2696 (D.D.C. Sept. 13, 2024). · cites it 2× “42 U.S.C. § 4336 (a). NEPA does not, however, require 2 Plaintiffs also claim violations of the FLPMA and the MLA (through the APA).”
Sierra Club v. Tennessee Valley Auth., No. 3:22-cv-01054 (M.D. Tenn. Sept. 30, 2024). · cites it 2× “42 U.S.C. § 4336 (b)(2); Monsanto Co., 561 U.”
Badger Helicopters Inc. v. FAA, 154 F.4th 902 (8th Cir. 2025). · cites it 2× “2 Seven County’s emphasis on deference has even greater force here because we deal with only an environmental assessment, whereas there the agency had to prepare an environmental impact statement (EIS). See 145 S. Ct. at 1510. An EIS addresses agency action reasonably foreseen…”
Adams v. FAA, 168 F.4th 1271 (10th Cir. 2026). · cites it 2× “” 42 U.S.C. § 4336 (b)(1). As the Agencies observe, the legislative history of NPATMA suggests Congress considered “significant adverse impacts” under NPATMA to “include impacts that compromise or otherwise negatively affect the abilities of ground visitors to experience the…”
Tohono O'odham Nation v. United States Dep't of Interior, No. 4:24-cv-00034 (D. Ariz. Apr. 16, 2024). “42 U.S.C. § 4336 ; 54 U.S.C. § 306108 . 20 The NEPA requires a federal agency to prepare an Environmental Impact Statement 21 (EIS) when a proposed federal action may significantly impact the human environment.”
Signal Peak Energy, LLC v. Haaland, No. 2024-0366, 2024 WL 3887386 (D.D.C. Aug. 21, 2024). “42 U.S.C. § 4336 (a). The environmental document required depends on the proposed action’s potential effect on the environment.”
Tohono O'odham Nation v. United States Dep't of Interior, No. 4:24-cv-00034 (D. Ariz. June 6, 2024). “42 U.S.C. § 4336 ; 54 U.S.C. § 306108 . Under 18 the NEPA, the federal agency must prepare an Environmental Impact Statement which 19 outlines the agency’s plan for mitigating and monitoring environmental impacts of the project.”
Mahler v. United States Forest Serv., No. 4:24-cv-00174 (S.D. Ind. Feb. 10, 2025). “42 U.S.C. § 4336 (a); 40 C.F.R. § 1501.4 (a).”
Sierra Club v. United States Army Corps of Engineers, No. 2:20-cv-00396 (D. Me. Mar. 31, 2025). “42 U.S.C. § 4336 (b)(1). However, if the “proposed agency action .”
Sakr v. City of Portland, No. 3:24-cv-01265 (D. Or. June 2, 2025). “See CITY_00000219; 42 U.S.C. § 4336 . Pursuant to 24 C.F.R. § 58.”
Oceana, Inc. v. Nat'l Marine Fisheries Serv., No. 3:24-cv-00180 (D. Alaska Sept. 30, 2025). “Oceana does not challenge NMFS’s decision to prepare an EA instead of an EIS.”
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