On May 1, 2024, the White House Council on Environmental Quality (“CEQ”) published its final “Phase 2” National Environmental Policy Act (“NEPA”) regulations, formally called the Bipartisan Permitting Reform Implementation Rule (“Final Rule”). Publication of the Final Rule completes a multi-year effort by the Biden Administration that included publication of final, narrower “Phase 1” rule in April 2022. The Final Rule is predominantly consistent with the 2023 proposed rule, which is analyzed in an earlier blog post.

CEQ’s Final Rule is notable in many respects. It advances sound environmental analysis to inform the public and decisionmakers while implementing new efficiencies to help accelerate the environmental permitting process for infrastructure projects, from solar, wind, and transmission lines to federally-funded domestic manufacturing projects. In this regard, the Final Rule is a key component of the Biden Administration’s commitment to advancing domestic infrastructure, including projects aligned with the Biden Administration’s climate and clean goals that are being further propelled by federal grants and tax incentives pursuant to the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA). Continue Reading CEQ Final NEPA Regulations and Department of Energy Actions Aim to Responsibly Accelerate Clean Energy, Transmission, and Other Infrastructure Development