On July 31, 2023, the White House Council on Environmental Quality (CEQ) released the second phase of its revisions to the National Environmental Policy Act (NEPA) implementing regulations that govern federal environmental review. Titled the “Bipartisan Permitting Reform Implementation Rule,” the proposed rule reflects CEQ’s aim to revise and modernize the regulations and incorporate updates to address recent statutory changes to NEPA in the Fiscal Responsibility Act of 2023.1 Continue Reading White House Council on Environmental Quality Proposes “Phase 2” Revisions to Environmental Review Regulations
The Fiscal Responsibility Act of 2023, signed into law on June 3, raised the U.S. debt limit and ushered in the most significant revisions of the National Environmental Policy Act (NEPA) in its 50+ year history. While the statutory changes are notable and important to understand, most of the changes codify longstanding agency practice and are expected to have only modest effects on environmental reviews, primarily with respect to timelines for completion.
In addition to these statutory changes, energy and infrastructure developers and other stakeholders are awaiting the White House Council on Environmental Quality’s (CEQ’s) “Phase 2” proposed NEPA rule. CEQ will likely seek to harmonize its proposed rule with the new statutory changes and could pose questions for public comment regarding new provisions that may warrant interpretation by CEQ. Congress may pursue additional permitting-related changes in the coming months, as well.
The following is a summary of the key changes to NEPA, placed in relevant context.Continue Reading Amendments to the National Environmental Policy Act (NEPA): Permitting Reform in Context