News & Analysis as of

Rulemaking Process National Environmental Policy Act Regulatory Reform

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Troutman Pepper Locke

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

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In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National...more

Troutman Pepper Locke

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

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On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

Snell & Wilmer

Freeing Agencies from Conflicting National Environmental Policy Act Regulations

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On July 3, 2025, several federal agencies published Interim Final Rules or Final Rules freeing themselves of legally and statutorily conflicting regulations implementing the National Environmental Policy Act (NEPA) in...more

Bracewell LLP

Another Big Week for NEPA: New Federal Procedures and a Big Beautiful Bill Benefit

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The week of June 30, 2025, will go down in National Environmental Policy Act (NEPA) history as another one for the books — federal agencies have begun their efforts to overhaul their NEPA procedures and Congress has...more

Perkins Coie

Returning to the 1970s: Agency NEPA Regulations Replaced by Guidance

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A chain of events that started on Inauguration Day culminated with the June 30, 2025, withdrawal of National Environmental Policy Act (NEPA) regulations that have, since the 1970s, structured decision-making processes at the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

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Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

DLA Piper

CEQ Issues Memorandum on NEPA Implementation: Top Points

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The Trump Administration has begun operationalizing its regulatory strategy for projects requiring evaluation under the National Environmental Policy Act (NEPA). In this alert, we discuss two key actions being taken and key...more

Pillsbury Winthrop Shaw Pittman LLP

Council on Environmental Quality Rescinds NEPA Regulations

Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more

Pierce Atwood LLP

CEQ Sounds Death Knell for Existing NEPA Regulations

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The rapid changes relating to NEPA-implementing regulations accelerated this week, as the White House Council on Environmental Quality (CEQ) published an interim final rule (IFR) removing its NEPA regulations from the Code of...more

Beveridge & Diamond PC

NEPA: Back to the Drawing Board

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Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of...more

Schwabe, Williamson & Wyatt PC

NEPA’s Future Comes Into View with New Guidance and Rule Recission ‎

The past few months have been a period of high uncertainty over implementation of the National Environmental Policy Act (NEPA). In December, the Supreme Court heard arguments in a case that addressed the scope of foreseeable...more

Nossaman LLP

Future Uncertain for National Environmental Policy Act Implementation

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Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more

Perkins Coie

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

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On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

Nossaman LLP

One Step Back for NEPA Regulations

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On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more

Nossaman LLP

NEPA Rules Rewrite: What's Next?

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This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

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The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

King & Spalding

NEPA Modernization Promises Significant Change

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Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Hogan Lovells

CEQ's NEPA regulatory overhaul: highlights and predictions

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The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Nossaman LLP

Will Long-Awaited Changes to NEPA Materially Alter Federal Environmental Reviews?

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On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations.  The Proposed Rule would represent the first significant overhaul of...more

Ballard Spahr LLP

Feds Propose Overhaul of Environmental Reviews for Controversial Projects

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The Trump Administration is proposing significant revisions to the implementing regulations of the National Environmental Policy Act of 1969 (NEPA) in an overhaul effort that the Administration is touting as a “modernization”...more

Nossaman LLP

Trump Administration Releases Proposed Revisions to Environmental Review Regulations 

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Yesterday, the Trump Administration announced its long-awaited release of updates to National Environmental Policy Act (NEPA) implementation regulations (Regulations)....more

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