Certification of Environmental Compliance through Categorical Exclusion in Puerto Rico

What is categorical exclusion?

A categorical exclusion is a class of actions that the government has determined does not have a significant impact on the environment, so it does not require a statement of environmental impact. 

What is the National Environmental Policy Act? 

The National Environmental Policy Act requires that federal agencies be prepared for the environmental consequences of any of their actions. This act established the Council on Environmental Quality The Act requires that agencies summarize the environmental impact of their actions, and what procedures they are taking for environmental protection. 

How do I obtain a Certification of Environmental Compliance through Categorical Exclusion in Puerto Rico? 

There is a specific process created by Puerto Rico’s Environmental Protection Agency for obtaining a Certification of Environmental Compliance through Categorical Exclusion in Puerto Rico. These kinds of projects and actions fall under the Environmental Public Policy Law in Puerto Rico. First, a company should determine if its project qualifies for one of the exclusion categories. Companies can review the exclusion categories under the APRHA to determine if their project qualifies. The next step is to prepare the application for the certification with detailed information including the description, location, size, and potential environmental impacts. Depending on the type of project, the agency may require additional information. Applications will also require certain documents depending on the exclusion category. 

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*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


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