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State environmental policy acts: which states have a little NEPA and how they work

State environmental policy acts, or little NEPAs, require NEPA-style environmental impact assessment of a state or local government's own actions[1]. Unlike NEPA, which is purely procedural[2], several make agencies avoid or mitigate significant effects, or let them deny a project[3][4].

By Ilya Volodarsky. 22 sources, last read on . This page explains the law; it is not legal advice.

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    Which states have a little NEPA?

    CEQ lists 19 and asks agencies to coordinate them with NEPA reviews[1]. For California, see CEQA and NEPA.

    • California (CEQA), Connecticut, the District of Columbia, Georgia, Hawaii (HEPA), Indiana and Maryland[1]
    • Massachusetts, Minnesota and Montana (each called MEPA), New Jersey, New York State (SEQRA) and New York City (CEQR)
    • North Carolina, South Dakota, Virginia, Washington (SEPA), Wisconsin and the Tahoe Regional Planning Compact

    How do state environmental policy acts differ from NEPA?

    Montana's act is procedural like NEPA[9], and Hawaii's HEPA EIS is informational[10]. Other acts let or make agencies act on the findings:

    • California's CEQA: no approval as proposed if feasible alternatives or mitigation would substantially lessen significant effects[3]
    • New York's SEQR: avoid or minimize adverse effects to the maximum extent practicable[11]
    • Washington's SEPA: condition a proposal to mitigate impacts, or deny it[4]
    • Massachusetts' MEPA: take all feasible measures to avoid or minimize impact[12]
    • Minnesota: no state action likely to harm natural resources if a feasible, prudent alternative exists[13]

    What is a Minnesota environmental assessment worksheet (EAW)?

    An EAW is a brief document with the basic facts needed to decide whether an EIS is required[13]. Projects in a Minn. R. 4410.4300 category need one, others by petition or discretion[5][14]; since 2025, at least 100 petitioners must live or own property in the project's county or an adjoining one[13][15]. The responsible governmental unit (RGU) prepares it on the EQB's form[8][16].

    After 30 days of comment, the RGU has 15 days to decide, unless the EQB chair extends it, and publishes its negative or positive declaration in the EQB Monitor[13][17].

    Montana MEPA: what the act requires today

    Montana MEPA requires a detailed statement on major state actions significantly affecting the environment[18]. In March 2020, 16 young Montanans, ages 2 to 18, sued over the act's limit on climate review. A district court struck the limit down in August 2023, and the Montana Supreme Court affirmed in Held v. State on December 18, 2024[19].

    Since 2025 an agency may include a greenhouse gas assessment, and must for fossil fuel activities[18][20]. Only commenters may sue, on issues they raised, within 60 days[18].

    Outline

    What a state EIS covers: the common elements

    Elements common to the state acts cited here; an EAW, ENF or EA is shorter[11][21][18][22].

    1. Project description and setting

      The action and its environmental setting[11][22].

    2. Environmental impacts

      Short- and long-term in New York; proximate in Montana[11][21][18].

    3. Unavoidable and irreversible effects

      Adverse effects that cannot be avoided, and irreversible commitments of resources[11][21][18][22].

    4. Alternatives

      Alternatives to the action; Montana requires reasonable, economically feasible ones and a no-action analysis[21][18][13].

    5. Mitigation measures

      Measures to minimize or mitigate adverse impacts[11][22][13].

    6. State-specific topics

      Growth and disadvantaged communities in New York, environmental justice in Massachusetts, cultural practices in Hawaii, private property in Montana[11][22][10][18].

    7. Comments and responses

      Substantive comments and the agency's responses[11][10].

    Sources

    Where each statement comes from

    Show all 22 sources
    1. [1]State, Tribe, and Local Government Information. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    2. [2]Seven County Infrastructure Coalition v. Eagle County, No. 23-975 (opinion of the Court). Supreme Court of the United States, May 29, 2025. Read October 2, 2026.
    3. [3]Cal. Public Resources Code § 21002 - Approval of projects; feasible alternatives or mitigation measures. California Legislative Information (leginfo.legislature.ca.gov). Read October 2, 2026.
    4. [4]RCW 43.21C.060 - Chapter supplementary; conditioning or denial of governmental action. Washington State Legislature. Read October 2, 2026.
    5. [5]Minn. R. 4410.1000 - Projects requiring EAW. Minnesota Office of the Revisor of Statutes. Read October 2, 2026.
    6. [6]301 CMR 11.00: MEPA Regulations (current regulations and PDF). Massachusetts Environmental Policy Act Office, Mass.gov, January 30, 2026. Read October 2, 2026.
    7. [7]Haw. Rev. Stat. § 343-5 - Applicability and requirements. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    8. [8]About Environmental Review. Minnesota Environmental Quality Board. Read October 2, 2026.
    9. [9]Mont. Code Ann. § 75-1-102 - Intent; purpose or procedural policy. Montana Legislature, Montana Code Annotated. Read October 2, 2026.
    10. [10]Haw. Rev. Stat. § 343-2 - Definitions. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    11. [11]N.Y. Environmental Conservation Law § 8-0109 - Preparation of environmental impact statement. New York State Senate, Open Legislation, May 29, 2026. Read October 4, 2026.
    12. [12]M.G.L. c. 30, § 61 - Determination of impact by agencies; damages to environment; prevention or minimization; foreseeable climate change impacts. The 194th General Court of the Commonwealth of Massachusetts. Read October 2, 2026.
    13. [13]Minn. Stat. § 116D.04 - Environmental impact statements (2025). Minnesota Office of the Revisor of Statutes. Read October 4, 2026.
    14. [14]Minn. R. ch. 4410 - Environmental Review. Minnesota Office of the Revisor of Statutes. Read October 2, 2026.
    15. [15]Laws of Minnesota 2025, First Special Session, chapter 1, article 6, section 3 (EAW petitioners: county or adjoining counties). Minnesota Office of the Revisor of Statutes, June 14, 2025. Read October 4, 2026.
    16. [16]Environmental Assessment Worksheet form (December 2022 version). Minnesota Environmental Quality Board, December 2022. Read October 2, 2026.
    17. [17]Minn. R. 4410.1700 - Decision on need for EIS. Minnesota Office of the Revisor of Statutes. Read October 2, 2026.
    18. [18]Mont. Code Ann. § 75-1-201 - General directions; environmental impact statements. Montana Legislature, Montana Code Annotated. Read October 2, 2026.
    19. [19]Held v. State of Montana, 2024 MT 312, No. DA 23-0575 (opinion). Supreme Court of the State of Montana, December 18, 2024. Read October 2, 2026.
    20. [20]Mont. Code Ann. § 75-1-211 - Greenhouse gas assessment. Montana Legislature, Montana Code Annotated. Read October 2, 2026.
    21. [21]RCW 43.21C.030 - Guidelines for state agencies, local governments; statements; reports; advice; information. Washington State Legislature. Read October 2, 2026.
    22. [22]M.G.L. c. 30, § 62B - Environmental impact reports; preparation; contents; environmental justice populations. The 194th General Court of the Commonwealth of Massachusetts. Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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