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Final Proposed CEQ NEPA Regulations

What Happened

Back to the Future: The Final Proposed CEQ NEPA Regulations – 40 CFR Parts 1502, 1507, and 1508

The much-anticipated Council on Environmental Quality (CEQ) Implementing Regulations Phase 1 revisions have been posted to the Federal Register. Not surprisingly, this is looking like déjà vu all over again. These Phase 1 revisions, rather than being a complete return to the original CEQ regulations, are a selective revision of key changes enacted by the Trump administration in 2020 that, as CEQ states, “…pose significant near-term interpretation or implementation challenges for Federal agencies.” In general, these revisions return substantial deference to the federal agency in terms of defining project needs, alternatives, and National Environmental Policy Act (NEPA) process requirements.

Read more in the full Regulatory Alert.

What to Watch

  • Phase 1 CEQ rule – This becomes effective on May 20, 2022
  • Phase 2 CEQ rulemaking decisions – These are pending and will include a more comprehensive revision of CEQ regulations
  • Agency-specific NEPA procedures – These are pending for 2023

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