How do the NEPA and SEQR processes compare?
Both NEPA and SEQR require an agency to determine whether a decision is subject to environmental review and, if so, whether an environmental impact statement should be prepared. Under NEPA, classes of actions which are by regulation exempt from environmental review, and so are equivalent to SEQR’s Type II actions, are called “categorical exclusions” (Cat Ex). The tool used under NEPA to assess potential impacts is an “Environmental Assessment” (EA), which is subject to public notice and comment. If a federal agency concludes that an EIS is not required, it will issue a “Finding of No Significant Impact” (FONSI). If an EIS is required, scoping, a Draft EIS, public comment, and a Final EIS responding to comments, proceed similarly to the SEQR process. The formal threshold for requiring an EIS under NEPA is, ‘…..will cause an adverse environmental impact’, while the threshold under SEQR is, ‘…..may cause an adverse environmental impact’. Furthermore, under SEQR, the requirement to req
