NEPA and Public Comment: A Nonprofit's Guide to Engaging with the Federal Government

When the federal government proposes a major project, policy, or regulation that may impact the environment, public lands, or cultural resources, it often triggers the National Environmental Policy Act (NEPA) or a similar public participation process. For nonprofits, this is a critical opportunity to influence decisions that affect your mission, your community, and the environment. Here’s a plain-language guide to understanding NEPA and how to participate effectively in public comment periods and related engagement opportunities.

What Is NEPA?

The National Environmental Policy Act (NEPA) is a cornerstone of environmental law in the United States. It requires federal agencies to assess the environmental impacts of their proposed actions before making decisions.

These assessments typically come in three forms:

• Categorical Exclusion (CE): Used for actions deemed to have no significant environmental impact.

• Environmental Assessment (EA): A concise review that determines whether a full Environmental Impact Statement is needed.

• Environmental Impact Statement (EIS): A detailed analysis required for actions likely to have significant impacts.

All three pathways may include opportunities for public input, especially the EA and EIS processes.

When Public Comments Are Invited

Federal agencies are required to provide opportunities for public comment during NEPA reviews and other rulemaking processes. These can include:

• Scoping: Early stage where agencies solicit input on what issues should be considered.

• Draft EA or EIS: A period to comment on the agency’s findings and proposed alternatives.

• Final EA or EIS: May include responses to public comments, and sometimes additional opportunities for engagement.

Why Public Comment Matters

Well-crafted public comments can:

• Influence project design or mitigation strategies

• Highlight overlooked environmental or community impacts

• Introduce new data or studies

• Strengthen legal standing for future appeals or litigation

How Nonprofits Can Engage

1. Monitor Federal Actions

   • Sign up for agency mailing lists or use sites like Regulations.gov and Federal Register to track notices.

2. Organize Your Response

   • Coordinate with partners or coalitions

   • Assign subject matter experts to analyze the project

   • Gather input from your stakeholders or community

3. Draft and Submit Comments

   • Be clear, specific, and support arguments with facts

   • Reference applicable laws, data, and local knowledge

   • Submit by the deadline via the listed methods (usually online or by mail)

4. Amplify Your Voice

   • Use social media or public events to raise awareness

   • Encourage your members to submit their own comments

Beyond Commenting: Other Tools for Engagement

• Attend public meetings and hearings

• Request cooperating agency or consulting party status

• Submit Freedom of Information Act (FOIA) requests

• Participate in agency advisory groups or task forces

Need Help Navigating the Process?

If you're a nonprofit organization trying to protect your community or environment from a poorly planned federal action—or if you want to ensure your voice is part of the conversation—we can help. Our Legal Strategy Plan is designed for nonprofits, community groups,  historic preservation societies, and others who need support engaging with federal agencies. If you are an individual who is interested in having your voice heard, our Legal Strategy Plan is designed to help you do just that.

From reviewing proposed rules or plans, to drafting comments, representing you at public meetings, or joining in the fight to hold agencies accountable, our virtual law firm is ready to stand with you.

Resources

• NEPA.gov

• CEQ NEPA Regulations

• Regulations.gov

• Federal Register

• EPA EIS Database

• BLM NEPA Register

• USFS Schedule of Proposed Actions

• FERC eLibrary

Have questions? Want to make sure your comment counts? Contact us or learn more about how the Legal Strategy Plan can support your advocacy work.

This blog is provided by attorney D.C. Burnette. It does not constitute legal advice and is intended for informational purposes only. Reading this blog or contacting me does not create an attorney-client relationship. Legal services are offered exclusively through the Law Office of D.C. Burnette, PLLC, a Missouri-licensed law firm registered in the State of Tennessee. For full terms and disclosures, please visit the Terms & Conditions page.