![]() ![]() ![]() revives context/intensity factors for determining “significance”.authorizes use of categorical exclusions by other agencies.defines “major federal action” that excludes certain actions lacking in federal control.limits pages on an EA (75 pages) and EIS (150 pages or 300 pages for proposals of extraordinary complexity).incorporates certain provisions from the FRA, including one-year time limit for environmental assessments (EAs) and two-year time limits for environmental impact statements (EISs), subject to potential extensions.We highlight a number of these proposed changes below. ![]() We note that these amendments affect different industries differently, but if finalized without revision, they would affect every project requiring federal approval. CEQ’s goals in this regard are to provide for efficient and effective environmental reviews, enhance clarity and certainty for federal agencies and stakeholders, enable full and fair public participation, and promote decisions that protect and enhance the quality of the human environment.ĬEQ characterizes its proposal as consisting of five categories: (1) revisions to NEPA from the FRA (2) reverting from the 2020 regulations to the 1978 regulations (3) removing “imprudent” provisions from the 2020 regulations (4) improving the efficiency and effectiveness of NEPA reviews and (5) adding provisions to account for environmental justice and climate change and foster science-based decision making. In the second phase, CEQ proposes to “revise, update, and modernize” the NEPA implementing regulations. restore the pre-2020 definition of “effects” and “cumulative impacts” that had been in effect since 1978.removing language that diminished agencies’ flexibility to develop or revise procedures to implement NEPA in a manner beyond CEQ’s regulations.reestablishing agencies’ flexibility in considering a project application by removing the requirement that an agency base the purpose and need on the applicant’s goals.The Phase 1 rulemaking, completed on April 20, 2022, restored three narrow elements of its NEPA regulations to their pre-2020 form: The Biden administration pledged to amend NEPA regulations in two separate phases. Some of the proposed provisions could speed up NEPA reviews, as there is expanded flexibility for use of categorical exclusions and limits on the time and length of the environmental review process.īackground on Biden Administration NEPA Amendments And CEQ’s proposed revisions may drive substantive changes to federally approved actions, as the Council de-emphasizes the Act’s procedural nature and directs agencies to focus on the Act’s “action forcing” mechanisms. ![]() The proposed rule may expand the scope of environmental review with a focus on issues of climate change, environmental justice, and even global effects. Although lauded by the White House as modernizing and accelerating environmental reviews, building upon new permitting efficiencies directed by Congress under the Fiscal Responsibility Act (FRA) and BUILDER Act of 2023, the proposed rule may add more complexity to NEPA reviews. On Monday, July 31, the White House Council on Environmental Quality (CEQ or the Council) proposed its second round of revisions to the National Environmental Policy Act (NEPA or the Act) regulations, as amended in 2020. ![]()
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