The Farmed Animal Advocacy Clinic on behalf of the Center for Biological Diversity, the Humane Society of the United States, and the Humane Society Legislative Fund filed a petition for rulemaking to rescind the U.S. Department of Agriculture (USDA), Food Safety and Inspection Service’s (FSIS) categorical exclusion (CE) from the National Environmental Policy Act (NEPA) requirements. This action seeks to bring FSIS in alignment with NEPA’s obligations and ensure thorough environmental reviews of its actions, particularly those involving slaughterhouse operations.
NEPA mandates federal agencies to evaluate and disclose the environmental impacts of their proposed actions. This often involves preparing an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for any major federal action significantly affecting the environment. The objective is twofold: to compel agencies to consider environmental consequences seriously and to facilitate public transparency and involvement in governmental decision-making processes.
FSIS, an agency within USDA, is responsible for the inspection and regulation of meat, poultry, and egg products. Its actions, including regulating slaughterhouse operations, have significant environmental implications such as diminished air and water quality, increased noise pollution, and heightened risk of zoonotic diseases, each impacting endangered species and their habitats. However, since 1983, FSIS has been categorically excluded from NEPA requirements, based on a flawed determination that its actions do not significantly impact the environment.
A CE allows certain agency actions to bypass detailed environmental reviews under NEPA, typically reserved for activities deemed to have no significant environmental impact. However, the CE for FSIS, established shortly after its creation in 1981, has permitted the agency to sidestep environmental assessments, regardless of the substantial environmental effects of its industry-wide rulemakings.
Petitioners argue that USDA’s decision to categorically exclude FSIS was arbitrary and not in compliance with NEPA’s intent. Given that FSIS’s activities do have significant environmental impacts, this exclusion has resulted in a lack of proper environmental oversight and accountability.
The petition is particularly timely due to recent changes in regulations by the Council on Environmental Quality (CEQ), which oversees NEPA’s implementation. The new regulations, influenced by comments submitted by the Center, require agencies to review and update their categorical exclusions, prioritizing the oldest ones. FSIS’s CE, being among the earliest, warrants immediate reconsideration.
The petition was drafted by FAAC student clinicians, Robert “Drew” McCormick JD’24 and Jenna Kemmer JD’24, with assistance from FAAC student interns, Kate Collins-Palmer, Sage Saada Saar, and Ariana Kaputsos.